In the video above, the reporter navigates inquiries within the domain of intellectual property law, particularly those faced by registered patent attorneys. The central focus revolves around a common question: “Is my invention patentable?” The discussion begins by providing a comprehensive overview of patents, outlining the criteria for patentability, and shedding light on the rights extended to inventors.
The first patent type, utility patents, serves to protect the functional aspects of inventions deemed useful.
In contrast, design patents are dedicated to preserving the ornamental design of objects, with a primary emphasis on aesthetic elements. To achieve patentability, the reporter underscores the importance of meeting three foundational elements: novelty, usefulness, and non-obviousness. The novelty requirement necessitates that the invention be new and undisclosed in prior art references, while usefulness demands the invention to address a problem. Non-obviousness scrutinizes whether the combination of elements in the invention would be evident to one skilled in the relevant field.
Moving forward, the reporter delves into the concept of infringement, emphasizing that a patent grants the right to prevent others from using the claimed invention. The analysis involves a comparison between the allegedly infringing product and the claims in the original patent. Additionally, the video highlights the intriguing aspect that improvements on existing products can be patented, adding a layer of complexity.