For businesses, entrepreneurs and inventors, the question of whether an idea is patentable is of critical importance. If an idea is patentable, it can potentially be very valuable. The patent process, however, is extremely complex and requires the guidance and counsel of a knowledgeable lawyer. For years, patent attorney Richard G. Eldredge has successfully navigated the process for businesses and individuals throughout Texas, Colorado, the United States and around the world.

How Can One Determine Whether An Idea Is Patentable?

There are two components in determining whether a given idea can be patented. The criteria used by the United States Patent and Trademark Office (USPTO) are as follows:

  • Is the idea new?
  • Is the idea nonobvious?
  • Is the idea useful?

In addition, only certain types of ideas can be patented. For instance, inventions that are "offensive to public morality" cannot receive a patent. In addition, laws of nature, abstract ideas and artistic works cannot be patented.

Answering the question as to whether a specific idea is new, nonobvious and useful is not a straightforward process. Determining whether an idea is new involves reviewing other patents, known as prior art, to see if the idea in question has been patented. The nonobvious requirement is different. For instance, simply making a patented idea a different material or a different size is not sufficient to earn a patent. Rather, the difference in an existing idea must not be obvious to someone "of ordinary skill in the art." A patent attorney will be instrumental in demonstrating an idea's nonobviousness to the USPTO's satisfaction.

At the Eldredge Law Firm, our attorney will provide sensible counsel as to whether your specific idea meets these various requirements. He will then go to work immediately to prepare your initial patent application, turning this around in one week or less.

Contact The Eldredge Law Firm

We have offices in Fort Worth, Plano, Allen and Mansfield, Texas, as well as a location in Denver, Colorado, for your convenience. Call 682-990-2073 to schedule your free initial consultation.