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When does an invention quality for a patent?

After all the hard work that goes into creating something that is one-of-a-kind, residents in Indiana may need to go one step further. They may want to consider filing for a patent to protect the design of their one-of-a-kind device. A patent is a great way to ensure that all of the thought and creative energy one puts into his or her creation is protected. Before filing for a patent, the creator should make sure that the invention qualifies for a patent.

The first qualification is that the invention in question must be completely unique. The subject matter of the patent must be sufficiently different from what has been used or described before. The standard followed is whether the differences would not be obvious to anyone who has ordinary skill in the technological area that encompasses the invention. For example, a change in color on the case of an invention previously patented is not an applicable use of an intellectual propertypatent.

Lastly and most importantly, the object to be patented must be “useful.” This means that it must accomplish the purpose for why it was created. Essentially it must accomplish something in a way that without it, the process would not be as useful or the same. For example, a person could not patent something that does not accomplish a goal in a meaningful way.

Most people who have created technology or an invention are aware of the in’s and out’s of design, but not as aware of the legal side surrounding the invention. Patents are a great way to protect your intellectual property from theft. Theft of intellectual property could destroy your business plan for your invention before it even gets started. Consider a patent to be like an insurance policy that you take out that you hope you never have to use.

Source: FindLaw “Is your invention patentable?” Accessed April 20, 2015