What Does New or Novelty Mean?
In order for an invention to be patentable it must be new as defined by patent law . An invention cannot be patented if: The invention was known or used by others in the United States, or patented or described in a printed publication in the United States or a foreign country, before the current applicant filed for his or her patent. Someone else has made the same invention as you did. The invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country more than one year prior to the application for patent in the United States. You or somebody else revealed your invention more than a year ago to the public.What Does Useful Mean?
The patent law specifies that inventions must be useful, which means have a useful purpose. Being useful also includes operativeness, meaning that an invention must operate or perform its intended purpose.What You Can Patent
A patent provides you with the right to keep others from making and selling your invention for up to 20 years. The most common type of patent, a utility patent, protects rights in new and useful processes, machines and other things. These patents also can protect rights in non-obvious improvements made to existing things. To determine if your invention is patentable, you must first research all previous patents and other publicly disclosed inventions to ensure that no one else has already patented something similar. Because this process can be difficult and complicated, the U.S. Patent and Trademark Office recommends hiring a registered patent attorney to conduct the search for you.Who can apply for a patent?
A patent must be applied for only in the name(s) of the actual inventor(s). However, the inventor can sell or assign the patent to someone else. Prior art includes any patents related to your invention, any published articles about your invention, and any public demonstrations. This determines if your idea has been patented before or publicly disclosed making it unpatentable.Don't Talk About It
If the invention has been described in a printed publication anywhere in the world, or if it has been in public use or on sale in the United States before the date that the applicant made his/her invention, a patent cannot be obtained. If the invention has been described in a printed publication anywhere, or has been in public use or on sale in this country more than one year before the date on which an application for patent is filed in this country, a patent cannot be obtained. In this connection it is immaterial when the invention was made, or whether the printed publication or public use was by the inventor himself/herself or by someone else. If the inventor describes the invention in a printed publication or uses the invention publicly, or places it on sale, he/she must apply for a patent before one year has gone by, otherwise any right to a patent will be lost.