This document provides an introduction to patents, including what constitutes a patentable idea under US law. It discusses the requirements for an idea to be patentable - that it must demonstrate appropriate subject matter, usefulness, novelty, non-obviousness, and enablement. It also outlines the patent application process and recommends applying for a patent within one year of any public disclosure of an idea to maintain patent rights.

1. Introduction to Patents Bryan C. Bryner, Esq.

2. Is my idea patentable? When should I apply for a patent? How do I apply for a patent? But first . . . So you’ve got an idea . . .

3. What is a patent? What is a patent? Written document that describes what your invention is Must be approved by U.S. Patent & Trademark Office Patent rights granted Right to exclude others from making, using, selling, offering to sell, or importing your claimed invention Term of Patent 20 years from date you file your patent application Ownership of Patent Rights Inventor Assignment

4. Is My Idea Patentable? 5 Requirements for a Patentable Idea Appropriate Subject Matter Useful Novel Not-Obvious Enablement

5. Is My Idea Patentable? (cont’d) Appropriate Subject Matter “ Anything under the sun made by man” Machines / Mechanical apparatus Processes Methods to make something Methods to use something Composition of Matter Improvements on existing technology Not appropriate: Naturally occurring objects Living organisms Natural discoveries Perpetual Motion Machine

6. Is My Idea Patentable? (cont’d) Useful Capable of being useful to mankind Very easy requirement to satisfy

7. Is My Idea Patentable? (cont’d) Novel Means “New and Never Done Before” Only applies to what you claim is your invention (described in the claims) How to check if your idea is “Novel” Issued Patents Magazines & Scientific/Engineering Journals Existing products for sale

8. Is My Idea Patentable? (cont’d) Not-Obvious Even if idea is Novel, it can’t be just an obvious change How to check if it is obvious Somebody with technical experience would think of making the change; OR Two or more written sources (patents, magazines, articles, etc.), when considered together, would lead somebody to make the change

9. Is My Idea Patentable? (cont’d) Enablement Idea must be developed enough that you can describe it in sufficient detail to enable somebody with technical skill to make and use the invention Requires detailed written description, and usually drawings Don’t need to actually make your invention, or have a prototype built

10. Example Claim 1: A chair comprising: a triangular seat; three legs attached to said seat; a back attached to the rear of the seat; and one armrest.

11. How Do I Apply for a Patent? Process for Obtaining a Patent Applicant prepares and files patent application USPTO examines application USPTO issues office action(s) Applicant responds to office action(s) USPTO denies or approves patent Time for Application Process 18 months – 3 years

12. When Should I Apply for a Patent? Required: Within 1 year after it becomes public knowledge On sale Advertised Displayed or explained at a public event (science fair, tech show, etc.) Described in a public writing (journal, magazine, etc.) Suggested Before going public with it (selling, advertising, displaying, publishing, etc.) When working with companies to manufacture or develop Negotiating for financing

13. Other Types of Patents & Patent Applications Provisional Application Does not issue into a patent Lasts for only 12 months Must file a regular patent application within 12 months Design Patent Covers artistic and ornamental designs that are Applied to physical objects; OR Incorporated in the design of the product Plant Patent