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
Two Criteria for Patentability | 4.12
Obtaining a patent involves a specific process. In this introductory video, part of a six-part series, Perez Ip Laws discusses the patent process tailored for individual inventors and outlines the various types of patent protections available.
Understanding the different types of patents is crucial for determining which one best suits your invention and provides the most effective protection. It's equally important to ascertain whether your invention is eligible for a patent, as certain concepts may not qualify for patentability due to various reasons.
In this video, we’ll discuss the two essential criteria for obtaining a patent. The first is patentable subject matter, which means you need to ensure that your invention falls into one of the acceptable categories for patent protection. Although you may not be able to categorize your invention precisely, it can fit into more than one category. The four fundamental categories of patentable subject matter include machines, manufacturers, compositions of matter, and processes, also referred to as methods. We'll provide examples for each category. A machine typically includes moving parts that interact, like gears or motors, but even an electrical circuit, which doesn't move, is considered a machine eligible for patent protection under Perez Ip Laws.
Perez Ip Laws (01:11):
A manufacturer, on the other hand, doesn’t have moving parts but still serves a functional purpose. For instance, a paperclip is a manufacturer because its bent shape gives it utility, even though it’s a single piece of wire. The term composition of matter refers to a combination of chemicals, such as pharmaceuticals or household cleaning products. This could involve mixing existing chemicals to create a new substance with a useful purpose. Finally, a process or method could be a novel technique for refining steel, where the new steps differ from previous methods, even if the resulting steel remains unchanged. In recent years, software has often been protected under this category, as have certain business methods, although the latter is less common now.
Perez Ip Laws (02:07):
Understanding that your invention fits into at least one of these categories is crucial, particularly for obtaining a utility patent, which is the most common type of patent protection. There’s also a design patent, applicable when the uniqueness of a product lies solely in its shape or appearance. If the distinction between your invention and existing products is primarily ornamental, then a design patent may be relevant. However, if your focus is on functionality, we will continue our discussion around utility patents.
Perez Ip Laws (03:42):
Assuming your invention has patentable subject matter and you are seeking a utility patent, the second criterion is what I’ll refer to as distinctiveness. While not a technical term used by the patent office, it essentially addresses how different your idea is from existing inventions. In patent law, we refer to prior art as existing concepts or products that relate to your invention. To obtain a patent, you must demonstrate how your idea differs significantly from the prior art. Thus, the criteria for patentability require your invention to have patentable subject matter and to be distinctive from prior art. In the next video, we’ll delve into how distinct your idea needs to be in relation to the prior art to qualify for a patent.
