Can I Patent My Idea? - What Makes an Idea Patentable? - Inventor FAQ - Ask an Attorney

What makes an idea patentable? Is it a new, useful and non-obvious improvement? In this video patent attorney Vincent LoTempio gives an explanation and example of what is "non-obvious".
Once you have an idea the question is whether or not you can get a patent for that idea. There are certain types of patentable subject matter:
1. Machine
2. Article of manufacture
3. Composition of matter
4. Method of doing business.
Once you make a determination that you have Patentable subject matter the question is whether or not it “is patentable” based on prior art. The Machine or article of manufacture (or other patentable subject matter) has to be new, useful and nonobvious improvement over everything that's already out there.
In order to figure if the idea is new we perform a patentability search so we can give a patentability opinion.
A patent attorney will try to find old patents or patent applications (prior art search) that are pending that might have parts of the idea that we're searching for. Usually we look for structural parts that are the same and then ask the question “whether somebody skilled in the art would think that it was obvious to put these things together and come up with your idea?”
But the question always remains “if it was obvious why hasn't somebody up to this point put these together and made this new exciting invention?” The inventor made it so it's easier, faster, better and less expensive to make. If it was obvious somebody would've done it by now.
The best argument however is that there is no structural thing like the thing that the inventor created. Sometimes we can argue functional differences but the best arguments to get the patent is that the structure that we created does not exist anywhere. Even if that structural part is just a small part of the invention.
Remember anything that an inventor puts together is made of things that are existence in the world. We could always just piece it together with a bunch of patents that are already out there. The question is whether not the way you piece it together is inventive.
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[@supratikchakraborty9335]

Can I apply for a patent in the US if I am not a US citizen? if yes, what would be the process.

[@PatentHome]

Yes I have clients from all over the world. if you want we can’t have a zoom call. My number is [phone].

[@ronaldtheriault8767]

What if ur idea is made

[@dougamsden6262]

I worked Patent (pending) app. filing work process getting April 25, 2015 MSU-B COB Finals project and feasibility study data plan. Got third "Thumbs-up" late Sept. 2017 from Reviewer working in U.S. Patent & Trademark.

[@TheEbonydior]

Great stuff

[@abc1xyz222]

Hello, If my product is different in multiple ways but has the same dimensions as my competitor's Patent pending product, should I also change my product's length dimension just to be on the the safe side? Thank you

[@raymerritt788]

Curious if I could get just a little advice. Let's say I bought a chair made by Ashley and I bought a motion sensor from another manufacture (say a trail cam). I put the 2 together to create a product that when every time someone sits in that chair, the sensor (trail cam) notify's my cell phone. I'm sure nothing like this is on the market and of course this isn't the product I'm talking about but if it were, could I patent the created product from the 2 manufactures to produce a new product with a completely different intent or purpose? (neither of the 2 products used are patented). Thank you in advance for your help....

[@greenlightproductionhouse385]

Would filing patent pending allow me the best route to get my product to market. Beginning inventor. Thank you gentlemen

[@T1ger8oi]

Can u tell me which video I should watch to learn more on the 'process of doing business' form of patent? That doesnt sound like an object or program. How would a process be patentable?

[@JohnFrye]

Hook Hand= Baller

[@3ntechnologies757]

How do I license Software on "Utilities" process in a Patent pending application (PPA) project?

[@wardell7]

I'm seeking a patent lawyer. Concerns are cost, should it be a face - to - face lawyer, and doing as much pre patent work as possible before going to a lawyer help?

[@PatentHome]

call me at 716-853-1111 to discuss

[@sierra0884]

How does one do a search, to make sure your idea isn't out there already?

[@quantummandavid]

google patents

[@silvermetallic7079]

What's the process for a patent on a idea similar to Uber...this is new but it puts me in mind of Uber

[@geraldbennett7893]

I don't know if this company is still answering questions, but can you tell me if a design of a truck stop patentable ? If so, what category would it fall under? Thanks

[@AmenIamHotepRA]

Call their office! 69 Delaware Avenue, Ste. 1003 Buffalo, New York 14202 Phone: [phone] Fax: [phone]

[@geraldbennett7893]

Thanks

[@kevinblakeley8980]

Thanks a lot guys. I appreciate the video. If you were in California then I would call you for patent applications. Cheers, Kevin

[@PatentHome]

call me at 716-853-1111 to discuss

[@channelldaniels594]

Can a idea hold more then one patent.like it has more then one aspect to it. I believe my idea has 4 aspects to it which my have to have a patent for each. Im in buffalo ny like to contact please for a consultation.

[@miss.phyllisreneefoster9547]

thank you so so so so much i have idea's

[@arrowstheorem1881]

Of course ANY one can Steal your invention. This includes patent agents. Anyone who says NO PATENT ATTORNEYS OR AGENTS can steal your invention is like saying he never masturbate.

[@Msok2bme]

I have a utility invention idea. Can you shed some light on where I can get it designed?

[@mrdbchops]

Hi. Thanks for the great video. So if I have an idea for a smartphone application (JUST the idea at this point) can I file a provisional patent application for this smartphone app idea, and this will protect it? Thanks again.

[@fcweddington]

Well spoken but still completely confusing. The Table Example: I understand where you're going, but there are COUNTLESS standard table manufacturers that produce basic 24x48" tables and 4 legs. How can this be if patents hold up?

[@thomasb9142]

Dauzq De Patents expire, tables have been around for way longer than 20 years

[@mariavalencia3667]

Mi idea es de los juegos prizze.prizze.y pch .com. Porqué la idea de jugar nos da muchas recompensas

[@kyoung9087]

Not only the governments are spying but "someone" else is too so patent is really important

[@dobeeeeval]

What if I apply someone else's existing invention in a new way to solve a different problem, is that patentable? It would be someone else's software to produce an app. If it isn't patentable and I still want to make it, would I have to get a license for their software? How do you get a license?

[@Residentstrangr]

Sounds like marketing

[@BIOGODANIC]

is it true people copy patent ideas, they just change it in some way that is not exactly the same thing, ex= two bottle openers one with a different design to the other can be copied?

[@rubs.20.73]

Oh hi these patents arely available in your brain in new technology an science.... Thank ok

[@karl0961]

I have an idea for a website. Explaining it simple without saying much, its a website for a specific community in the world, where they can search in a database of things and get information. Just like imdb og ultimateguitar, but not with music or movies. How important is it to patent that idea?

[@PatentHome]

call me at 716-853-1111 to discuss

[@fahadhassan2724]

Is a website design outlay patentable? As in, can someone copy exactly what my website is with a little change on how it looks.

[@Residentstrangr]

If the idea is an exact copy you a breaching copyright law not a patent I believe. look at a website or brand name and you'll see a C for copyright not patent numbers

[@richardsindell4546]

This was a very informative video. However, people need to be aware that the United States Patent and Trademark Office website is insecure. In Firefox, look at the uniform resource locator (URL - "address bar") and notice the gray padlock with an exclamation point inside of the orange triangle. The click on the gray "i" immediately to the left of it, and you will see: "Connection Is Not Secure." Other browsers will be different. Chrome, for example, shows a grayed out URL but with the same gray "i" for information icon that will tell about the insecurity of the website. Look at he Inventors Assistance Center at www.inventorsassistancecenter.biz/help-with-your-invention. under the heading, "Why we file with IP Australia". There is a link to a report, "The gaping security hole in a US Government website".. I recommend this for everyone wanting to file a PPA.

[@HostileRespite]

How about if I take an item already in existence and produced by many companies, used in a new way to benefit another product produced by another industry entirely? Like if someone made the legs of a table, and another company made table tops, but nobody ever put the 2 together before you said something? It's a good idea I have, but I don't want to make the stuff, I'm retired. LOL

[@crazyoosachou]

Your Website isn't working !

[@PatentHome]

Hello, can you please give us the URL link you are using?

[@prettypresents2937]

Hi can you do a design patent video?

[@T1ger8oi]

is a business service patentable? for example, taxi services. could the guy who thought up taxi service be able to patent that service? it really should be patentable. cuz the inventor of that idea should get the rights to generate money from it. if it wasnt patentable, then once he launches it, rich folks could just do it much better with nicer taxi rides. if its not patentable, then they oughtta make a new "head start patent". giving the inventor about 2 years head start on his/her business.

[@johansmith1339]

I own a business that makes new things when ever we get the chance one of our invenson is floting tabel using the gravity of the Earth to propel it self we do have a patient on this a tabel with no legs

[@arrowstheorem1881]

If a product is easily replicable by a layman, am I right to say that such products or inventions should not be patented? For example, your invention is , say, a chopstick. two sticks. Anyone can make it for personal consumption . So who wants to buy it? I am assuming that products made for personal consumption is not considered as an infringement. Comments are welcome. Cheers

[@PatentHome]

call me at 716-853-1111 to discuss

[@flowridaboy93]

can you make a utility patent on someone else's invention?

[@igbc176]

Lawyers would think of Paul Mc Cartney while inventors would think of John Lennon :P

[@CarrieJeske]

Show me your prototype via a smartphone demo video, when you're ready. I buy products for the "As Seen On TV" shelves at Walmart, CVS and Walgreens.

[@Mdambrosio93]

from wisconsin ?

[@raredreamfootage]

How much will it cost to create a patent including hiring an attorney to write it?

[@PatentHome]

call me at 716-853-1111 to discuss

[@Inhalin1514]

WHat?!

[@LuisVazquez-xi2yq]

PatentHome I have an idea for a tool but I see that is too expensive what people are charging me for that

[@marcusdublin2677]

does anyone else notice his metal hook hand?

[@luciangelfilipe3862]

yeah they all pretending that, they didnt

[@smitha5692]

did you notice his left ear? it was just sitting right there on the side of his head. And even the other guy, sitting there and at one point i looked on his fact and i was like wow theres a fucking nose there. I mean, EVERYONE had to have seen this thing... holy SHIT

[@DaniiMarie333]

Ps- Karma does *NOT like bullies,* I’d be _very careful_ next time you feel the need to poke fun at someone’s hardships, struggles, disabilities, or pains. If u don’t have anything nice to say, don’t say anything at all. (My best at being polite...)

[@mariavalencia3667]

😘😘

[@sunnysim3583]

Doesn't an invention have to be original. I can never understand how some products out there get a patent. It sounds so difficult to get a Patent, and yet people with stupid inventions do. I've had some amazing ideas for years, and now another idea, but i do not know what to do with it. Need help, but i'm in the UK so this U'S video is no good for me.

[@ANT-jm4qx]

sunny sim What's your idea?

[@sawnavakin3878]

// ANT // you really think they’re gonna tell you....

[@ccgustafsonscooters]

I have a great idea. No money. Lol.

[@luciangelfilipe3862]

well captain hook didnt have much to say aout that.