What is patentability?

Patentability is the legal ability of an invention to be protected by a patent. In the U.S., patent law is governed by the United States Patent and Trademark Office (USPTO). The USPTO decides whether an invention is eligible for a patent and under what conditions. In Nevada, this process requires a patent application to be submitted and accepted in order to receive a patent. To be considered patentable, an invention must meet three criteria. First, it must be novel, meaning that it has not already been patented or publicly known. Second, the invention must also be useful, meaning it has to have a specific purpose that can be put into use. Lastly, the invention must be non-obvious, meaning that the invention should be new and inventive. In Nevada, an invention must also meet the other requirements listed in Title 35 of the United States Code. These requirements include that the invention has to be made or used in the United States, that it has to be described in detail in a patent application, and that it must be judged to be non-obvious by a person having ordinary skill in the particular field. It is important to note that patentability may be challenged by a third party. If the third party is able to prove that the invention does not meet the patentability criteria, the patent may be revoked. Therefore, it is important to make sure that any invention being patented is patentable.

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What is patentability?

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