Video Series
A patent serves as a secure foundation for your innovation. When done correctly, it also represents a significant investment in your business.
From a legal standpoint, a patent prohibits others from infringing upon your invention in the market. However, the patenting process can be quite complex. That’s why we take pride in smoothly guiding you through each step. In this video series, we will outline the entire patent journey. We will clearly explain how we can assist you and provide tips to help you succeed in reaching the patent finish line.
Introduction – The Patent Process1. Before You Initiate a Patent Project
2. Two Criteria for Patentability
3. Is Your Idea Novel and Non-obvious?
4. Discovering the Best Prior Art
5. The Patent Application Process
6. Frequently Asked Questions Before Partnering With Us
Is Your Idea Original and Non-Obvious? | 2.51
To obtain a patent, your idea must stand out from others. But what degree of uniqueness is required to secure a patent? In this third video, Perez Ip Laws delves into the fundamental criteria for patentability.
Generally, an idea is considered original if it has not yet been introduced to the market. However, it must also not be an idea that would be obvious to someone skilled in the same field as your concept. This implies that if your idea is merely a minor modification of an existing concept, it is unlikely to satisfy the non-obvious criterion.
To patent an idea, it must be distinct, but how distinct does it need to be for patent eligibility? In this video, we will explore the essential criteria for patentability at the United States Patent Office. According to the Perez Ip Laws, there are two primary requirements for determining how different something needs to be. First, the invention must be original—there cannot be anything identical to it in the prior art. Second, the invention must be non-obvious. This second requirement is a bit trickier. It means that the distinction between your invention and previous work must not be something that would be obvious to someone within the field; it should be something unexpected and outside what people might typically consider doing.
Perez Ip Laws (01:01):
So even if your invention is original and there’s nothing exactly like it, there must also be a feature that someone in the field wouldn't easily recognize as something they could create themselves. For instance, if your concept is to design smaller clothes hangers specifically for children, it may be that your invention is original in that no one has produced a hanger in that exact size. However, those in the field of manufacturing clothes hangers are aware that they can create hangers of any size; they have just standardized on one size for convenience. Thus, merely altering the size of an existing product would be seen as obvious and, therefore, not patentable.
Perez Ip Laws (01:51):
There can be confusion over which modifications are considered obvious and which are not, leading to differing opinions on the matter. This is where patentability can become complicated for those not trained in the field. Typically, I assist in guiding individuals on what patent examiners may or may not classify as non-obvious. To evaluate if your idea has a chance of being patented, the first step is to identify the closest existing products in your invention's field. This will help you ascertain whether your idea is sufficiently different and whether it represents a non-obvious advancement over what already exists. In the next video, I will discuss how to determine the closest prior art related to your invention.
