Validity of Utility Patent Requirement

Hence the Patent statutes encourage you to disclose and apply for a Patent application as soon as possible.

In the world of patents, the first inventor to obtain a valid patent is entitled to enforcement against all who make, sell, or use the invention. So if you happen to invent the same invention without any knowledge of another similar invention, it does not offer you a legal defense if the other guy applies and is grant a patent on this invention before yours is granted.

Even if the subject matter is new, patentability is not allowed if the inventor would be obvious to one with ordinary skill in the art. Applying the obviousness standard is one of the most troublesome tasks in patent law. Determination of obviousness is ultimately a question of law based on several factual conclusions as you can see from this article – https://newswatchtv.com/2019/02/11/getting-help-invention-inventhelp/.

And finally, the utility requirement in patent law, requires that the invention be useful. The word “Utility” means that the invention must work as described in the patent application. It also means that the invention must give some sort of benefit upon man kind as written in https://knowtechie.com/change-the-world-with-support-from-inventhelp/ article.

After reading this post, you know understand why patent law is a specialize area of practice and requires an attorney who is familiar with not only the law but the technical aspects of the intention being submitted for a application.

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