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Hardware Startups: Can I Patent My Invention?
A patent for your invention is useful, in that it gives you exclusive rights to the idea/product (for twenty years), allows you to license the invention and provides a strong market position. However, to obtain a patent your invention must meet certain criteria. Here are a few important questions to ask yourself in determining whether your invention is patentable.
- Did you invent it? A patent can only be applied for by the actual inventor or co-inventor. If you were not the inventor, but contributed financially, you will not be able to patent the product on your own. If the inventor was employed by another person or company to develop the invention, the patent will still be issued under the inventor’s name. However, ownership of the patent will be with the employer.
- Is your invention useful? Under U.S. law the invention must be “useful” to be eligible for protection. To meet this requirement the product must provide some benefit and is capable of use. It is important to note that most inventions meet this criteria.
- Is your invention “non-obvious”? If your product is already common knowledge in its field, then it would not meet this requirement. This determination is made by deciding whether the invention sought to be patented would have been obvious “to a person having ordinary skill in the art to which the claimed invention pertains”. Determination of whether a particular change or improvement is “obvious” is one of the most difficult determinations in patent law.
- Does it fall under a patentable category? Patents are available for processes, machines, articles of manufacture, and improvements to any of those classes. If your idea is in regards to laws of nature, physical phenomena, abstract ideas or non-useful objects, it will not be eligible for a patent.
- Has your invention been disclosed to the public? If so, your invention will not be patentable. This requirement states that your idea must be “new” and not discussed publicly prior to the date of the filing. If you invention has been made available for public use or disclosed in a prior patent application it will not be eligible for a patent.
Have additional questions regarding the patent process? We highly recommend a visit to the USPTO website. We are also able to help answer any questions you may have, please e-mail them to firstname.lastname@example.org
3D Innovations is a Product Development Company – from the 3D Design to a fully functional 3D Prototype & Product.
Startup Connector is a Manufacturing Accelerator helping companies commercialize—turning ideas into products.