| Requirement | What to Ask Yourself |
|---|---|
| Novelty | Has this exact thing been published or patented before? |
| Non-obviousness | Would this seem like a logical next step to a field expert? |
| Utility | Does it work and serve a useful purpose? |
| Subject matter | Is it a concrete invention, not an idea or natural principle? |
The first step—Determine Patentability—is critical because it lays the groundwork for a successful patent application. This step helps you avoid wasting time and money on inventions that aren't legally protectable or are already known.
To be patentable in the U.S., an invention must meet three main legal criteria and not fall under any exclusions.
Your invention must be new—no one else can have:
Even your own public disclosure (e.g., a presentation or blog post) starts a 1-year clock for you to file a U.S. patent. After that, it’s considered prior art and bars patentability.
Even if your invention is new, it must also be non-obvious to someone skilled in the field. This means if your invention is just a minor tweak or combination of existing ideas, and it would have been “obvious to try,” then it’s not patentable.
Example:
Adding a USB port to a coffee maker may not be patentable if the combination would be obvious to an electrical appliance designer.
The invention must be useful—it must do something, provide a benefit, or solve a problem.
This is usually easy to meet, but inventions that are purely theoretical, abstract ideas, or non-functional may be rejected.
Not everything is patentable, even if it’s new and non-obvious.
These are not patentable:
Software and biotech inventions can be tricky here—they may be patentable if claimed properly (e.g., as part of a machine or process).
Look for anything similar in:
USPTO patent database (more on searching for patents on Patent Searching)
Scientific journals or technical publications
Product catalogs and websites
Tip: Use keywords, inventors’ names, classification codes, and known competitor products.
Hiring a patent attorney or agent to conduct a search and give a formal opinion can help you:
This guide is designed to share information on patent protections, searching and related topics. This guide does not supply legal advice nor is it intended to replace the advice of legal counsel.