U.S. patentability
Learn about patentability
This page describes U.S. patentability requirements (35 U.S.C. §§ 101, 102, 103, 112) only. It is general information, not legal advice.
The four U.S. requirements
Compared with prior art
These two look at what has already been published.
Does a single prior-art reference disclose every element of the claimed invention, arranged as claimed? A similar result alone does not establish a lack of novelty. We support the reasoning with relevant passages, the invention features they relate to, and identified differences.
Would the claimed invention have been an obvious development to a person skilled in the field, considering the relevant prior art? We explain the reasoning rather than relying only on similarity scores. A combination of references does not automatically make an invention obvious.
About the invention itself
These two are not searches. They look at what the invention is and how it is described.
Is the invention directed to patent-eligible subject matter, and does it have a useful purpose?
Could a patent application adequately describe the invention, explain how to make and use it, and clearly define the protection being sought?
- Current assessment framework:
- United States
- European patentability framework:
- Availability: Planned
Assessments support informed decisions. They are not USPTO determinations, legal advice, or guarantees of a patent. The depth of analysis depends on the information and claims provided; an idea without drafted claims supports only a limited assessment.
Getting professional advice
A qualified professional can advise on your specific situation. See IP professional connections.