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When you apply for a patent in the US for your invention, you should be aware of the criteria that USPTO considers for approving an issued patent. It gives you an idea whether your invention is patentable or not.
Let us discuss some of the significant criteria that your patent application should fulfill to be approved.
The USPTO first reviews if your invention qualifies for the Subject Matter Eligibility criteria. You can apply for a patent for most inventions except a few. There are some exceptions. You can apply for patents for a machine, process, software, business methods etc. You can also apply patents for certain biological materials. But you cannot apply for the patents such as schemes, mathematical algorithms, principles, theory, etc.
Your application may not be patentable for the invention already in the public domain. USPTO conducts a novelty search of your innovation while examining the patent application. So, you need to sign a confidentiality agreement before disclosing anything about your invention to anyone.
USPTO rejects patent applications for the invention which is obvious the people skilled in the same domain. In other words, it should not be very apparent change or improvement of the existing knowledge.
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Jason has 35+ Years of Combined Technical & Legal Experience,
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Jason holds a Bachelors and Masters of Science in Electrical Engineering from George Mason University and has completed his MBA from Colorado State University.
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Anand is a Technology Analyst with 15+ years of experience in the Technology & Patent Domain. Over the years, he has gained immense hands-on experience in consulting Technologists & In-house R&D Teams of Fortune 50 organizations for developing, protecting & licensing innovative proprietary technologies. He has worked onsite/offsite extensively with global teams of attorneys, technologist & business leaders across many jurisdictions such as US, Europe, Canada, China, South Korea, Singapore & Middle East. He holds Masters(Integrated) in Chemistry & Ph.D. in Materials Science both from Indian Institute of Technology(IIT), Kanpur, India.
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