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ARTICLE · 05 FEBRUARY 2020

File When Ready! Criteria For Determining If An Invention Should Be Patented

Harness, Dickey & Pierce, P.L.C.
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It may come as a surprise that even patent attorneys don't believe every invention should be patented.

United StatesIntellectual Property
Bryan K. Wheelock
Bryan K. Wheelock

It may come as a surprise that even patent attorneys don't believe every invention should be patented. The time, effort, and expense of preparing and filing a patent application should be reserved for those inventions that are likely to provide an advantage.

The following list of criteria can be used to help evaluate whether an invention should patented. It can also help prioritize multiple inventions and decide which inventions may be worthy of extra investment.

NATURE OF THE INVENTION

  • Does the invention relate to a new product or service?
  • Does the invention relate to an improvement in an existing product or service?
  • Does the invention relate to an improvement in the manufacturing or distribution of an existing product or service?

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