What Inventions Are Patentable?
When deciding whether an invention is patentable or not, there are five requirements that must be satisfied. These requirements were laid down by Congress, so they can always change depending on the most recent Supreme Court ruling. The first four patentability requirements have to do with the invention itself, while the last requirement is based on how you write your patent submission. The fifth requirement is the reason why most people hire a patent attorney when submitting a patent.
The first requirement pertains to whether or not your invention is able to be protected by a patent. The original law says that anything made by man can be patented; however, there are things that the Supreme Court has deemed unable to be patented. The three categories that have been placed off limits to patents are laws of nature, abstract ideas, and natural phenomena. Although these categories have been ordered to be off limits, the USPTO has tried to push the limits and make new standards for patentable subject matter. One of these includes trying to patent business methods; however, the Supreme Court has ruled that they must involve a computer to be patented.
The second requirement requires that an invention is useful in some way. The invention only needs to be partially useful to pass this requirement; it will only fail if it is totally incapable of achieving a useful result. This is a very easy requirement to pass, but it can be failed if you aren’t able to identify why your invention is useful or you don’t include enough information to show why your invention is useful. Also, your claim for why your invention is useful won’t be credible if the logic is flawed or the facts are inconsistent with the logic.
The third requirement, the novelty requirement, prompts the inventor to show that their invention is new in some way. An invention will fail this requirement if it is identical to a reference that has been previously made to your invention. In other words, if your patent would infringe on an existing patent, then it doesn’t pass this requirement. If the reference is a newspaper or some other form you have to ask: if the newspaper was issued a patent, would your new patent infringe?
In order for your invention to pass the fourth requirement, it must be unobvious. Your invention would be obvious if someone knowledgeable about the field combined a few past references and came to your invention. Therefore, an invention cannot consist of a simple combination of prior inventions; however, if the addition of the inventions isn’t considered already known, then it will be considered unobvious. This is why this requirement can be very tricky. So, in short, if an invention contains only obvious differences from prior art, then it will fail this requirement.
The written description requirement is different from the other tests because it has to do with filling out the patent instead of the invention itself. This final requirement requires that an invention be described so that others will be able to make, use and understand the invention. There are three requirements in order to go about this. First, the enablement requirement says the inventor must describe their invention in a way where other people can make and use the invention. The best mode requirement requires that an inventor describes the way they prefer to carry out their invention’s functions. The written description requirement doesn’t have strict guidelines, and no one is exactly sure what it calls for; therefore, in order to satisfy it, it is easiest to say you just need to describe your invention in as much depth as possible.
Tags: Invent, Invention idea, Inventing, Invention ideas, Make Money Inventing
Filed Under Pursuing Inventions | Leave a Comment
Why You Should Invent
It is common to think that you have to be abnormally intelligent and extra crazy in order to invent, but this isn’t true; there are a lot of people who are making money off inventions that are everyday people. There are also many people who invent for fun and may never even make a living from it because inventing can be a fun hobby, but it also has a chance of making huge money. There are many reasons to invent that many people would never think of.
It’s Fun
Do it on the side: Inventing isn’t an all day commitment for the most part. It is easy to work on your inventions while still keeping your day job, actually, I recommend keeping your job when you start because inventing will be more enjoyable if you don’t rely on it; your job should be your main source of income while starting out. This also allows inventing to be a relief from your job. Most people dread their job, but inventing can be your break where you can think freely and make money at the same time. You can invent throughout the day while working on other things because inventing has a lot to do with the things around you; surveying your surroundings allows you to find problems in the world that you can solve with inventions.
Mess around: Unlike most ways to make money, inventing is something that can be fun because you can apply your imagination in crazy ways; a boss isn’t judging your ideas. When people judge your ideas, you are less likely to be successful because you will have fear of failure and public ridicule. When you are inventing, you can use your imagination to come up with invention ideas that solve things that you have always wanted to solve, which is an exciting and fulfilling thing to accomplish. It is also fun to come up with crazy inventions that accomplish simple tasks; there isn’t a limit to the crazy ideas you can have.
Apply your ideas: There are a lot of ways to have fun by applying your ideas and making them feel more tangible. A great way to put your ideas into use is to make a prototype of something out of cheap or household materials. There are lots of videos on Youtube of homemade flame throwers and other crazy gadgets or ideas because making a video can be enjoyable and also give you some feedback on your invention idea. Also, it can be fun to present your ideas to large corporations to see how they react. For example, if you designed an improved bottle you could present it to Coca-Cola; however, you may want to receive a patent or provisional patent before you do this.
It Opens Up Your Mind
Have something to think about: Instead of floating through your days, you will be focused on your surroundings and coming up with invention ideas. You will feel like you are accomplishing something throughout the day because you will be coming up with ideas that could make you rich. When you are focused on inventing and potentially making money, you will have something to look forward to everyday, so no matter what the day may bring, you can always know that you are going to be able to work on your latest invention idea.
It will help you at your job: As I mentioned above, I wouldn’t recommend getting rid of your day job when you first start inventing, but inventing will actually help you with your job. People appreciate someone who thinks creatively and is able to solve problems, which are both characteristics of a good inventor. The new mind set and skills that you receive from regularly inventing will help you get hired, because showing your potential employer some of your invention ideas will help display your ability to think creatively and help you get on his good side. If you already have a job, being able to add creative ideas will make you more valuable to the company you work for and will greatly help your chances of being promoted.
Have a different perspective on things: Today, a lot of things go unappreciated, including all of the inventions and innovations that make up our everyday life. We never really appreciate things until we do them for ourselves and inventing is the same way. Inventing increases your appreciation of things that affect you every day, and you will start to analyze things that you haven’t thought twice about. This is when you will begin to have your best inventions because looking at previous inventions is a great way to be successful when inventing. Recognizing your surroundings will help you be more focused and involved in what is going on around you, which will help you be more successful in anything you decide to pursue.
It Has a Chance of Being Very Profitable
A lot of people make money: Contrary to popular believe, there are a ton of people making money from an invention or patent. A lot of inventions are only valued in a specific business, sport, geographical location, etc, so many inventions go unseen by the public. The best part about making money from an invention is everyone can do it; you don’t need an education or a lot of knowledge to invent something profitable. Inventing requires problem solving and creative thinking, which can be acquired through practice, so feel free to start inventing no matter how much education you have. Also, you are in control of your success. With persistence, there is a very high chance of success in inventing, which means a high chance to make money.
It can provide residual income: A lot of people believe inventing is an instant sum of money, then you don’t make money until your next invention, which is not true. It is very common to license your patent to a company who will then pay you royalties every time they make and/or sell your invention. This is income that will come long after you have patented your invention, and can potentially provide enough revenue to support you without a job. This income is great because you aren’t doing any work, but are still making money. Along with this residual income, it is very easy to keep inventing, especially if you are making enough money on royalties to become a full time inventor. If you are able to pump out a lot of potentially good ideas, chances are some of them will continue to be good enough to make a profit.
It’s a Low Pressure Money Maker
It doesn’t depend on one idea: When you are inventing, you will most likely only have a few ideas that make money; however, that doesn’t mean you can’t think of thousands of invention ideas. In order to have good ideas, you have to go through hundreds of ideas that aren’t up to par. You can have as many invention ideas as you please, because after doing some research, you may decide you don’t want to patent your idea, meaning you don’t lose money every time you have an idea.
It’s only you: Inventing is something you do for yourself, not for a boss. You are in complete control of your success and there isn’t a boss to judge your ideas. Also, there isn’t anyone else who depends on your success; inventing is a one man show for the most part. Inventing is just you solving problems and sometimes making money from patents. When you are inventing, you work on your own time and make your own decisions, it isn’t a job. You can easily keep your day job and invent in your free time without worrying about time constraints.
It isn’t a big risk: When you look at the profit that can come from inventions, the cost of inventing is relatively low. Inventing is much cheaper than a small business, so if you do end up not making the money you hoped for, you can always try again. The process of receiving a patent is the main part of inventing, so each time you go through the patent process, you receive experience that makes the next time easier. If you are around inventing and patenting enough, you will be able to eventually apply for a patent by yourself, which will reduce the cost and the overall risk of inventing.
Tags: Invent, Invention idea, Inventing, Invention ideas, Make Money Inventing
Filed Under Envisioning an Invention Idea | Leave a Comment
keep looking »
