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This article is written and owned by Dee Reavis

What are the four essential requirements for an accurate
patent definition? These same four things are also
necessary requirements to file a patent, provide value and
protect your invention from theft. They are:

1. The invention must be novel

Being novel means that it can not be known by others or
used by others before the inventor claims to have invented
it. The invention can not be previously patented or
publicly disclosed before the inventor’s claimed invention.
In other words it can not be an infringement of someone
else’s patented work. The patent must be applied for
within 1 year after public disclosure or use.

2. The invention must not be obvious

This means that the invention can not be a clear
replacement for an original. The proposed invention can not
be obvious to a person with average skill in the knowledge
area of the invention. An example might be a red toy car.
A blue toy car would be an obvious extension of a red toy
car. However a toy car that transforms into a robot is not
an obvious extension of a red toy car.

3. The invention must be described simply and completely,
so a skillful person could duplicate it

Very basic level language must be used. Supplied drawings
must be clear and sufficient for a comprehensive
understanding of the invention. A person with skill in the
knowledge area must be able to understand the invention
completely, in order for it to be patentable. If fear of
having the invention stolen motivates the inventor to leave
out essential elements of the invention, then it is not
patentable. Trade secrets may be a better alternative in
this case. However trade secrets can be very difficult to
protect especially from disgruntled employees.

4. The patent claims must be clear and specific

The patent claims are the most difficult, but the most
important part of a patent. They are the intellectual
property that you are requesting the patent office to
protect. These claims must be specific and clear,
otherwise the patent office will not accept them. Even if
the patent office does accept them, they must be defensible
in court. Only an experienced patent lawyer or patent
agent would likely be able to foresee potential problems
with claims. Many parts of the patent can be done by the
inventor, but the claims are not one of them. This is the
area where a patent lawyer can really be worth the cost.

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Explore the world of inventing and patents at
http://www.new-inventions-success.com/Patent-Definition.html
or http://www.new-inventions-success.com
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