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Why Is It Difficult to Patent an Idea? What is Really Patentable

Mar 16, 2023

 

Excellent ideas are plentiful, but they are seldom patentable. While a functional prototype is not required to file for a patent, you must be able to explain the idea in detail and demonstrate how it will operate. It is not enough to have a concept; you must be able to show its use and functioning.

Patents are given for innovations or designs that satisfy four broad requirements. Various industries and product types may have somewhat differing criteria, but all patent applications must include the following:

Depending on whether you’re filing for a design patent or a utility patent, demonstrate either aesthetic design or practical usefulness.
Display uniqueness in comparison to current items, technologies, or designs.
Demonstrate originality and non-obviousness to persons with ordinary competence in the patent’s area.
Provide a detailed description of the design or idea, including particular examples.

Some objects can never be patented, no matter how well they fit these four criteria. They consist of components, theoretical plans, natural laws, physical events, and abstract thoughts. Thus, despite several attempts, patenting fire or the wheel is out.

When attempting to patent anything that is still in the theoretical stage, you must be as exact as possible. Otherwise, even if you have a wonderful concept, the USPTO will not award the patent. Presenting illustrations may be really beneficial since they give specificity. Remember to include more than one diagram and as many examples as possible. If you identify many particular applications and forms in which the invention is original and new, don’t be concerned about seeming repetitious.

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