US Patent And Trademark

US Patent and Trademark grants three types of patents which are: utility patents, design patents and plant patents. To be patentable, an invention essentially must meet the following requirements set by US Patent and Trademark which are: (1) useful, (2) novel, and (3) non-obvious. The novelty requirement of US Patent and Trademark is often consider the entry test for patentability. The probably more demanding, non-obviousness requirement is harder to objectively define.

US Patent and Trademark defines legal "novelty" in great detail. But in general practice there are only a few basic rules that US Patent and Trademark need to consider in analyzing whether an invention is novel:

No patent protection is available for:
* an invention known or used by others in the U.S. prior to the date of invention by the Applicant.
* an invention patented or described in a printed publication anywhere (U.S. or abroad) prior to the date of invention by the Applicant.
* an invention patented or described in a printed publication anywhere (U.S. or abroad) more than one year prior to the U.S. filing date of the patent application.
* an invention in public use in the U.S. more than one year prior to the filing date of the patent application.
* an invention on sale in the U.S. more than one year prior to the filing date of the patent application.

The typical way that an examiner in US Patent and Trademark shows obviousness is to cite a number of prior art references that, when combined as suggested by possibly another prior art reference, contain all of the elements of the applicant's invention. An invention is not patentable if, considering the prior art that existed at the time of invention, the invention would have been obvious to a person of ordinary skill in the art. Obviousness rejections are common during patent prosecution; however, because such rejections are somewhat subjective, they can often be overcome through persuasive argument. Secondary considerations of US Patent and Trademark are: (1) commercial success; (2) long-felt need; and/or (3) commercial acquiescence can factor into such arguments.

Utility requirement is the probably the most overlooked statutory requirement of US Patent and Trademark for patentability since it is often assumed that someone would seek patent protection for an invention that is useful. An inventor is generally motivated to seek patent protection from US Patent and Trademark in an attempt to profit financially from his endeavors. But proof of utility is required when seeking patent protection for inventions whose value may be difficult to gauge, such as chemical and pharmaceutical compounds.