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Frequently Asked Questions

What are the basic requirements to file a patent?

Filing a patent requires a thorough understanding of the process and the basic requirements. The first requirement is that the invention must be unique. This means that the invention must be novel, non-obvious, and useful. The patent application should include one or more claims that establish the uniqueness of the invention. Each claim should designate a specific property right that can be protected. The inventor must be the one to file the patent. If the invention was created on behalf of an employer, the patent would be issued in the inventor's name, but the contractual rights would be designated to the employer. The invention must also be useful, providing some functional benefit, and marketable, meaning that there is a segment of the population willing to pay for it. The invention must also fall into one of the four general patent classes: articles of manufacture, processes and methods, compositions of matter, and machines. Certain inventions, such as abstract ideas, laws of nature, non-useful objects, or physical phenomena, are not eligible for U.S. patent protection.

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