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What Can and Cannot be Patented?

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Understanding the patent process and what goes into receiving a patent is very important. Not everyone who files for a patent receives one as there might be similar ideas already published or you don’t have adequate information for your idea to be patented. The best way to become more informed on all the requirements that are involved in obtaining a patent is to speak with a Rhode Island patent and trademark attorney. They specialize in this field of law so they are more than aware of what it is going to take to get your idea published.

But, for the time being, below is a list of what can and cannot be patented provided by the United States Patent and Trademark Office (USPTO).

A utility patent will be provided for a new, nonobvious, and useful:

• Process
• Machine
• Article of manufacture
• Composition of matter
• Improvement of any of the above

You cannot request a patent for:

• Laws of nature
• Abstract ideas
• Physical phenomena
• Literary, dramatic, musical, and artistic works.
• Inventions that might be viewed as non-useful or offensive to public mortality.

When requesting a patent for an invention, keep in mind that the USPTO also states that your invention must be:

• Novel
• Nonobvious
• Adequately described or enabled
• Claimed by the inventor in clear and definite terms

What are the fees that are associated with getting a patent?

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Among the many other requirements that must be fulfilled in order to apply and receive a patent, there are also fees that are going to apply. Your fees might differ from someone with a different invention or idea as they are based on the type of patent application you submit. To view the USPTO’s current fee schedule, click here. You can learn about how much your basic filling fee is going to be, what they charge in terms of late fees, search fees, patent examination fees, and more.

As you can tell, there is a lot that goes into just the application process of filing for a patent and it is important you understand all the steps it entails. To ensure you are completing all the required sections of the application process, we recommend you consult with one of the featured Rhode Island patent lawyers soon before you submit your application, lose out on filing fees, and have to go back and make adjustments only to start all over again.

If you are looking to receive your patent in a timely manner, contact us today and we will get you paired with a local patent and trademark attorney now.