Applying for a patent is not easy. It is a process that requires attention to detail and the meeting of exacting criteria. A common question asked during filing is: What are the five requirements for a patent?

About Us

Led by Steve Zemanick, Four Reasons Legal has been working for years to advocate on behalf of clients regarding a broad range of intellectual property laws in Colorado. With a background litigating a diversity of patent law cases, Four Reasons Legal provides vigorous advocacy on behalf of their clients, and can provide an experienced patent attorney to help guide the application process.

Filing for a Patent

Before an application can be filed, an applicant should ensure that no other patents exist for their invention and that they are prepared to justify their application along specific guidelines. These guidelines are the basis for the criteria of patent applications and are set by the United States Patent and Trademark Office (USPTO). They include: a patentable subject matter, utility, novelty, nonobviousness, and enablement.

Patentable Subject Matter

The USPTO defines a patentable subject matter as something that fits into one of four categories: processes, machines, manufactures, and composition of matter. These include things such as ways of making products, ingredients for products, or the product itself.

Utility

A patentable item must demonstrate usefulness. This means it has a demonstrable purpose that is credible, specific, and substantial. General utility is not enough to justify this category, and broad, sweeping terms often contribute to a failed application. Justification for a specific use must be articulated.

Novelty

The requirement of novelty is defined by two elements: conceptual novelty and the statutory bar to patentability. Novelty means that the invention is new – that it can be shown and demonstrated that the invention has not previously been known or used in the U.S. or any other country.

A statutory bar to patentability means that no other patents for the invention have been submitted within the U.S. or any other country within a year of the application submission.

Nonobviousness

A patent’s claims must not be predictable and must go beyond functions previously established. Basically, if the invention is obvious, then it is not patentable. If it has not previously been applied to a patent and is not obvious, then it is eligible.

Enablement

This is essentially a written document submitted by the inventor that specifically describes the invention in detail. This document must demonstrate three specific things: the “enablement” of the invention, its detailed “description,” and finally the “best mode of practice.”

The “enablement” requirement is essentially the ability of the applicant to fully and in detail describe the invention. An appropriate “description” will connect the characteristics of the invention with the attributes they hope to protect by patenting it. A “best mode of practice” will describe the most effective implementation of the invention for public use.

Why Choose Four Reasons Legal?

With years of experience in patent law and IP litigation, Four Reasons Legal can serve as a strong and reliable advocate for your interests when pursuing patent applications. Patents can be powerful tools of innovation, and patent infringement is not uncommon. At Four Reasons Legal, our Denver patent lawyer can help you ensure that your patent application follows all criteria and is ready for review to secure your innovation.

FAQs

Q: What Are the Five Steps to Obtain a Patent?

A: The steps to obtaining a patent begin with a “prior art search” to determine whether the invention is novel and patented by someone else. Next, you should evaluate your invention against the criteria for a patent. Afterwards is the writing of the application, where you justify your patent and include relevant materials. Filing your patent with the USPTO is the fourth step, and the fifth is being prepared to defend your patent through possible litigation.

Q: What Are the Requirements to Apply for a Patent?

A: There are five requirements that must be met for a successful patent application. The first is to justify the patentability of the subject matter. Next, an applicant must demonstrate that their invention has a credible, specific utility. In addition, they must show that their invention is novel, as well as having a non-obvious character. Finally, their patent application must be enabled by a clear description in writing of the invention and its “best mode of practice.”

Q: What Disqualifies a Patent?

A: There are multiple things that could disqualify a patent. If it can be shown that previous patents cover the application parameters, the patent will not be successful. Likewise, if the utility of the invention is too broad, it may be denied. Furthermore, if the invention can be determined to be the product of obvious deduction, or if the application lacks a clearly written description of the invention and its relevant information, the application may fail.

Q: Do You Have to Use a Lawyer to File for a Patent?

A: No, you do not have to use a lawyer to file for a patent; however, hiring a patent lawyer is always recommended. Without skilled counsel, it is easy to miss regulations and requirements necessary for a successful application. A seasoned patent attorney can ensure a thorough and detailed application is submitted with all the necessary documentation required to significantly increase the chances of successfully securing a patent for your unique invention.

Hire a Patent Lawyer From Four Reasons Legal

In 2022, the USPTO fielded 645,989 applications for inventions. With these high numbers, you want to give yourself the greatest chance at success with your endeavors. If you are seeking to submit a patent, it is important to understand the necessity of meeting all regulations and criteria set forth by the USPTO.

At Four Reasons Legal, our experienced counselors are ready to provide assistance and guide you through the complexities of a patent application. A successful patent can bring forth new innovation and provide opportunities for the future. Contact us today to learn how our legal team can help you with all of your patent issues, whether it is applying for a patent or aggressively defending your established patented property.