Is My Idea Patentable?

Any person who has invented or discovered a new and useful process, machine, article of manufacture, or composition of matter may obtain a patent for it. This also includes any new or useful improvement on a past invention. Laws of nature and theories are not patentable. This requirement is outlined in title 35 of the United Stated Code, Section 101 (abbreviated as 35 U.S.C. 101). You do not need to have actually constructed or used your invention to get a patent on it. Having a good idea of how your invention is made and used is sufficient.

In general, the basic principles of patentability could be based on two questions: “Is the invention useful?” and “Is the invention new?” To determine if an invention is new, we turn to 35 U.S.C. 102 and 103. Section 102 requires that an invention must not be disclosed (or “anticipated”) by any prior patent, publication, or used prior to the time of patent filing. Section 103 requires that an invention must not be an ‘obvious’ combination of existing elements.

What constitutes an “anticipated” or “obvious” invention must be proven by the Patent Office during Patent Examination. The inventor (or an experienced Patent Attorney) may present arguments contradicting a finding of “anticipation” or “obviousness.”

You may obtain a Patentability Opinion from a Patent Attorney who will determine if your invention qualifies for patent based on the nature of its subject matter and its comparison to a Prior Art search.

If you are interested in more detail related to your situation it is best to speak with an attorney. Discuss Your Patent Needs with a Professional.

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Yuri L. Eliezer

Intellectual Property Attorney and Managing Partner at Founders Legal

Yuri heads the Intellectual Property practice group at Founders Legal in Atlanta, Georgia.A practice he co-founded at the Atlanta Tech Village – the nation’s fourth largest incubator.He specializes in preparing, developing, and executing strategies for securing patents nationally and internationally. He focuses his work on developing IP portfolio of high value, and helps clients to licensing and acquisition deals to monetize on their IP rights.He has secured patents, negotiated and executed domestic and international IP deals in the Software, Internet/Telecom, Computer, Electrical, and Medical Device fields. His team also prosecutes patents in the Mechanical, Aerospace, Biotech, and Pharmaceutical industries.

His degree in Electrical and Computer Engineering has helped him serve technology companies of all sizes including Microsoft, Cisco, Cox, AT&T, General Electric, Georgia Institute of Technology, and Coca Cola.

Eliezer’s technological knowledge, entrepreneurial expertise, and nuanced perspective on technological innovation, has attracted national media coverage, of the likes of NPR, CNN, and The International Business Times. Eliezer also applies his wide-ranging experiences as an Advisor to the Atlanta Tech Village, where he provides guidance to a community of 120 startup companies.

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