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posted Sunday 4 of September 2011 by Zoe

A. In order for an invention to be patentable it must be new as defined in the relevant patent law, which, taking the US as an example, provides that an invention cannot be patented if: "(a) the invention was known or used by others in this country (the US), or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for patent," or "(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country more than one year prior to the application for patent in the United States . . ." According to the US patent laws, if the invention has been described in a printed publication anywhere in the world, or if it was known or used by others in this country (the US) before the date that the applicant made his/her invention, a patent cannot be obtained. The above “in this country” language in the US patent statute makes filing patent applications first in the US almost a strategic necessity, even though such applicants live outside the US. If the invention has been described in a printed publication anywhere, or has been in public use or on sale in the US more than one year before the date on which an application for patent is filed in the US, a US patent cannot be obtained. In this connection it is immaterial when the invention was made, or whether the printed publication or public use was by the inventor himself/herself or by someone else. If the inventor describes the invention in a printed publication or uses the invention publicly, or places it on sale, he/she must apply for a patent before one year has gone by, otherwise any right to a patent will be lost. In almost all countries (the US excepted), the inventor must file on the date of public use or disclosure, however, in order to preserve patent rights. Even if the subject matter sought to be patented is not exactly shown by the prior art, and involves one or more differences over the most nearly similar thing already known, a patent may still be refused if the differences would be obvious. The subject matter sought to be patented must be sufficiently different from what has been used or described before that it may be said to involve an inventive step or be nonobvious to a person having ordinary skill in the area of technology related to the invention. For example, the substitution of one color for another, or changes in size, are ordinarily not patentable.

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When you think you might have an invention with sales potential, immediately discuss the idea with a registered patent practitioner

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After creating any descriptions or sketching your invention, ensure a witness (or even two) sign the paper to support your claim

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