Are methods of treating humans patentable in the US? Yes, a medical method of treatment is patentable in the US. Of course, methods of treating human health issues must meet all conditions of patentability. Patenting a method of medical treatment would still involve hurdles of obviousness and lack of novelty. So it is possible to […]
Articles Tagged: patentable
Do you need a prototype before filing a patent?
Do you need a prototype before a patent is filed? No, you do not need to build a working prototype before filing a patent application. However, it helps to think through all the details of what it would take to build your product. Describing your invention in writing with as much detail as possible will […]
How to read a patent: Utility vs. design patents
How to read a patent While design patents are straightforward, utility patents can be confusing to understand. You have the claims which read like a foreign language. And then you have the written description which typically discloses details that seem to be more specific than what you find in the claims. How do we make […]
Patentable? What can you patent?
Can you patent that? “Patentable?” – this is one of the most common questions we get from new clients. The question is not so much about whether their invention is novel or nonobvious. Many clients are asking whether the subject matter is even eligible for patent protection. I’ll try to tackle some of the broad […]
Is my idea patentable?
What makes an idea patentable? If you have specific examples of how your idea would actually work, then your concept might be patentable if it meets the following conditions: eligible subject matter; and new and unique (i.e., novel and non-obvious). Being unique is not about percentages (e.g., my invention is 80% the same as another […]
What is the difference between patenting and infringing (patentability vs. infringement)?
What is the difference between patentable and infringing? Can a concept be both patentable and infringing? If you were to patent your invention, would your patent protect you from infringement? One of the most common misconceptions about patents is the notion that a patent protects the owner from infringing other patents. It sounds reasonable – “I […]