Many Texas residents have innovative ideas that they believe could possibly revolutionize a certain industry or create a product to make consumers' lives easier. Patenting such an idea would be a good idea in order to ensure that the creator of the idea receives credit for it. Before obtaining a patent, however, it is necessary to determine whether it is possible for the idea to be patented. United States patent law dictates that an idea must meet two main criteria in order to be patentable.
The first test is to determine whether the idea is useful, new and non-obvious. These criteria are often subjective, which means that it could be difficult to determine whether your idea meets them. It will often be necessary to review prior patents in order to answer this question. This process is called "prior art" and can take a significant amount of time. Furthermore, knowing what to look for can take some knowledge of patents and how to read them.
The second test determines whether the idea is even eligible for a patent. If it violates public morality, is abstract or is an artistic work, it cannot be patented. The laws of nature are also not subject to being patented.
If your idea passes these tests, it may be patentable. The patent application process can be time-consuming and frustrating. You will likely benefit by engaging the services of a patent law attorney here in Texas not only to help you through this process, but also to help you determine whether your idea is eligible to receive a patent.