AFAIK, The disclosed things in application must be:

1/ New

2/ Non obvious for those in the art

But then I read about enablement, so:

3/ Enablement so those in the art can make the same thing

Is there any legal or technical requirement for an application to get a patent?


The patent system in essence is designed to encourage improvement in science and technology. In order to encourage such improvement, innovators are given an incentive, i.e. patent rights for 20 years, in exchange for disclosure of their technology. By making these disclosures available to the public, the system enables public at large to understand state of the art and bring about further improvements. Therefore, the fundamentals of the patent system do not permit grant of patent rights while preventing public access to details disclosed in the patent.

You may refer to this link to understand enablement requirement of patentability: http://www.invntree.com/blogs/enablement-requirement-of-patentability

You may also refer to this link: http://www.invntree.com/blogs/can-details-my-invention-disclosed-patent-application-be-maintained-secret


Yes -- there are laws and rules and it changes monthly. You have hit the big requirements except for useful. My hardcopy of the Manual for Patent Examining Procedures (MPEP) is about 3" thick.


I recently attended a seminar about copyrighted and infringement laws. One of the topics they discussed were the basics in patenting or how owners should patent their works. Here's how:

First, carefully record your inventions. Then, make sure that your inventions qualifies for patent protection. Third, assess its commercial potential. Show how it works and must be different from all your previous inventions. Also, do some research about the earlier development in your field. Then, file an application in USPTO.

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