{"id":4985,"date":"2016-04-04T10:47:50","date_gmt":"2016-04-04T15:47:50","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/smallbusiness\/intellectual-property\/idea-must-be-useful-novel-or-non-obvious.html"},"modified":"2024-05-22T03:10:05","modified_gmt":"2024-05-22T08:10:05","slug":"idea-must-be-useful-novel-or-non-obvious","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/smallbusiness\/intellectual-property\/idea-must-be-useful-novel-or-non-obvious.html","title":{"rendered":"Patents: Make Sure Your Idea Is Useful, Novel, and Non-Obvious"},"content":{"rendered":"\n
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Patents: Make Sure Your Idea Is Useful, Novel, and Non-Obvious<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Amber Sheppard, Esq.<\/a>\n | Last updated\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Any startup or small business owner who has had copycats steal their ideas knows\u00a0patent protection<\/a>\u00a0is important. Non-disclosure agreements (NDAs) can help keep ideas within a small business. Still, they do not grant a property right to an idea, concept, or invention. A patent grants property rights to its inventor, who becomes a patent holder. This allows a person to sell,\u00a0license<\/a>, and police their work.<\/p>\r\n

In order for a\u00a0patent claim to be valid<\/a>, it must propose a concept, idea, or item that is \u201cuseful, novel, and non-obvious" under patent law. These terms seem vague. They have specific legal meanings that correspond with federal patent law. This article explains the terms "useful," "novel," and "non-obvious," as they relate to patent criteria.<\/p>\r\n

What Are the Types of Patents?<\/h2>\r\n

A\u00a0few different patents<\/a>\u00a0protect property rights in the United States.<\/p>\r\n

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  1. Plant patent:<\/b>\u00a0A small business uses this patent to protect a new asexually created plant. An example of this was the Irish potato.<\/li>\r\n
  2. Design patent:\u00a0<\/b>An inventor uses this patent for a new and useful ornamental design of an article of manufacture. This means these patents cover how a new product looks in a physical form. Usually, this means the shape or look of the item. An example of this patent was the original glass Coca-Cola bottle.<\/li>\r\n
  3. Utility patent:\u00a0<\/b>This patent grants a property right to new and useful composition of matter, machines, and processes. It is the most common type of patent. These patents range from computers to chemical compounds.<\/li>\r\n<\/ol>\r\n

    Is a Business Idea Patentable?<\/h2>\r\n

    A business idea is only patentable if implemented into a product, process, or design. Even then, that end product must be useful, novel, and non-obvious.<\/p>\r\n

    Useful<\/h3>\r\n

    The term "useful" means that the subject matter has a useful purpose. It also requires that the item is operable. Useful improvements and useful processes can get a patent. A machine that can’t perform its intended purpose is not useful in the ordinary sense of the word. The U.S. Patent and Trademark Office (USPTO) has issued\u00a0examination guidelines to determine if it’s useful.\u00a0<\/a>These include the following:<\/p>\r\n