What is patentability?
Patentability is the legal term used to describe whether or not an invention is eligible for a patent from the United States Patent and Trademark Office (USPTO). In order for an invention to be eligible for patent protection in Washington, it must meet certain conditions. Generally speaking, a patentable invention must be novel, useful, and non-obvious. Novelty means that the invention must be something not already known or previously disclosed. The invention must be a new and non-obvious solution to a problem, product, or process, and cannot be simply a refinement of something already known. Usefulness means that the invention must have some practical use. The invention must be capable of providing a useful result, such as improved efficiency or a new product. Non-obviousness means that the invention must not be obvious to a person having ordinary skill in the particular field of the invention. Specifically, the invention must not be an obvious combination of existing elements or ideas. If an invention meets all of these conditions, then it may be patentable in Washington. To obtain a patent, the inventor would need to submit an application with the USPTO. After the application is reviewed and accepted, the patent will issue and the inventor will have exclusive rights to the invention.
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