2016-10-06
In order to obtain a patent, your invention must be new, useful and non-obvious. Many inventors are able to create new and useful inventions and yet are prevented from obtaining a patent because the patent office considers their invention to be non-obvious. In many cases, an invention is an improvement or variation of something. It is these changes and improvements that can be considered to be the patentable features of an invention.
Your ability to explain your invention and properly describe it is critical. Poorly described elements and features of your invention may make it more difficult to obtain an issued patent.
Why is this an Issue?
When preparing a patent application, it is often easy to overlook how the Patent Office will review and evaluate the application.
Often an assumption is made that since an invention is not present on the market it will be simple to obtain an issued patent. Unfortunately, that is not always the case.
Here are some questions that can help you understand things from the perspective of an Examiner at the Patent Office:
- Are there similar patents? Over 2 million patent applications have been filed in Canada and that number is much larger in the United States. The Examiner will perform a search of patents worldwide to find patents or patent applications that are related to your invention.
- Is it useful? Does it serve a purpose or solve a problem? An invention must serve a useful purpose to become a patent. Usefulness of an invention is determined based upon what has been described as the purpose within the patent application.
Your patent application can be rejected by the Patent Office. By properly explaining your invention and describing all of the different elements, it becomes more likely to find success in obtaining a patent. If the application does not clearly and properly describe the invention, it may not be possible to distinguish your invention from others and may result in the rejection of your patent claims.
Identify your Unique Features
When drafting your patent application, it is important to ensure that the unique features are clearly described.
It can be beneficial during the initial stages of drafting to prepare a chart for yourself to determine exactly what you consider to be the unique features of your invention. Here’s an example if your invention was a new type of pen.
Elements that make the Invention Unique
NibInk RefillMain TubeCapClipYour Invention✓╳╳╳✓
While it is always beneficial to describe every element of your invention, describing the unique features is very important. As you can see above, the unique features of this pen are the nib and clip. When drafting an application, focus should be drawn to these elements. It is important that these elements be described in detail. Including this type of chart within your patent application, however, is not advisable.
Explain The Uniqueness
While most patent applications do contain explanations of what’s different about the invention, they often fail to provide context.
- What is the current market position? What is your potential audience currently using?
- How does your patentable feature improve the lives of your audience?
- How is it different from similar patents?
Providing the Patent Office with context on why and how your invention is unique and different can be beneficial if done correctly.
Filing a patent application is not as simple as many believe. It is recommended that you reach out to a patent agent for professional assistance when you are preparing your patent application.
