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July 12, 2023
John Rizvi, Esq.

What Are the Requirements for Getting a Patent? How Do I Know if My Invention is Patentable?

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What conditions or requirements need to be met in order to obtain a patent protection?

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So, your idea has to meet three standards: it has to be new, it has to be non obvious, and it has to be useful. So, new is pretty straightforward. You can't—you have to be the inventor, you can't have found a product. And I'm often asked if you can import a product and get it patented in the United States. You can't, if it's already sold and openly known. So it has to be a new idea. It has to be useful, and what that means is it has to do what it purports to do, what you say it's going to do. So that's the new and useful requirement. And then non-obvious, you can't just change the color and you can't just change the shape of the idea. It has to do something completely different.

 

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