What are the legal requirements to get a patent?

There are a lot of requirements, but the two biggest ones are:

  • Novelty: Nobody else in the history of humankind has invented your idea and publicly disclosed it. In other words, you’ve created “the world’s first ___________” (fill in the blank).
  • Non-obvious: If it is novel, then the examiner makes a somewhat subjective judgement as to whether your novel invention is a non-obvious variation over other items similar to your invention. Admittedly, this is a simplified definition of obviousness, but to keep things simple, let’s stick with it.

Unless you are an experienced patent attorney, when trying to determine if patent protection is an option, focus more on novelty as that is easier to understand. Non-obviousness is complicated and not terribly concrete. For example, one examiner may think an invention is obvious while another may not agree.

 

Steven Saunders is an Intellectual Property Attorney at the Boston-based law firm, Nutter. Steven can be reached at ssaunders@nutter.com.

For more information about Steven, See Steven’s Martin Trust Center Biography at: https://entrepreneurship.mit.edu/profile/steven-saunders/

 

Intellectual Property Protection

23 articles

How can I protect my innovations? I’ve heard of patents, trademarks, trade secrets, etc.

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Is software patentable?

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I don’t have the resources to sue someone who is infringing. Why bother patenting my invention?

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MIT owns some patents that I’d like to use. How can I do that?

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External content: What is the patent process? (Via Dragon Innovation)

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External Content: Do entrepreneurs really need patents? (via MIT Bootcamps)

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How do I get a patent? Can I prepare a patent myself? I can write a good technical description.

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Even if I can legally get a patent, are there reasons to not get a patent?

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A license sounds like a big commitment. I’m not ready for that yet. Can I wait a while to take a license?

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External content: Cheat Sheet for Intellectual Property from Bricolage Law LLC

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External content: MIT Bootcamps webinar series on IP Law

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Why do entrepreneurs need to protect their technical and scientific innovations?

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What experience should I look for in a good patent attorney or patent agent?

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What if I told someone about my innovation? Is it too late to protect it?

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How do I find out if someone else invented my concept first? Is there a way to search for my concept?

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Someone told me not to search patents because it can get me in trouble. Is that true?

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What is a Provisional Patent Application?

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What is the difference between a utility patent and a design patent?

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After I file my patent, I can sell my patented product with no worries, right?

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What are common license terms for intellectual property?

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Does my US patent protect me in other countries?

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How do I handle international filings?

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