An Invention An American Can Patent

Americans that start work on an invention with the knowledge they need to make a contribution can pass an examination by the patent office and get a patent. Their work is done right the first time.

Patenting an invention is not an act that depends on odds. An American can know they have a sure thing.

Inventors can prevent any disputes by reading the conditions for getting a claim on an invention approved by the United States Patent and Trademark Office before they start. The conditions are written in Chapter 10 of Part II in Title 35 of the United States Code.

The Character of An American Invention

Not everything produced by an American experiment gets a title at the patent office. The invention is not like anything else. It stands out as convincing. An invention. A discovery. An invention earns its own name by being original and useful. The day the inventor produces their invention is the first time it has ever been seen. And, the product works. An American can improve an enterprise by using the product of art or science. Even start a new one.

The patent office grants a patent to those inventors that add to the country's experience.

Uncommon Knowledge and A First Result

Many good inventions were known before the inventor tried to make a patent claim. In these cases, a claim of originality is false. Anything already known or used by somebody else in this country is not patentable. A description in a printed publication means the public was already informed. Even a foreign publication is a contribution already made.

The real strong defeat for a patent claim is decided by the office when another inventor already has a patent. An American here or a foreign citizen in their country. An inventor has to act by plan. When another inventor describes the invention in their application for a patent, the patent office does not forget. Similar inventions can not earn the first recognition. An invention in public use or on sale for more than a year is enough to put a stop to a claim.

An inventor is not the same as anyone else. A man or woman who did not invent the thing is simply not entitled to a patent.

A Work of Plain and Proven Creativity

The American invention stands apart from the ordinary, beyond a doubt. Inventors have an extraordinary ability. At least one time. Ordinary skill in the art at the time of claim can not be enough to make the thing invented obvious. The prior art was developed to a point not good enough for these ordinary people to make the invention. The office calls this "nonobvious." If any of these Americans can find it obvious, the patent claim is not approved.

However, contributions the inventor made to the art in the past do not count against them. Their contributions others can not use to make an obvious invention.

Progress Made In America (or In An Allied Country)

Work is not done in a country far from the United States and its territories and possessions, unless an American has decided to use their intelligence to produce in an allied country. The American can do work in another place, but the work will not count for the date the patent office will use. Both the knowledge gained and the use of an invention done in another country does not go on the official record the office uses.

There are, however, two kinds of places the American character used to work on an invention is counted. In the countries that agreed to the North American Free Trade Agreement (NAFTA) and are stated in the Implementation Act. And, in the countries that trade with the United States as members of the World Trade Organization (WTO). A work start there can set the date.

In The Outer Space Territory

An invention made in outer space is a real American invention. As long as it happens on a space object, or a component of one, that is in the jurisdiction of the United States, the inventor can get a patent. Space stations, spacecraft and satellites are good places to produce results in a field of science or in an art. Note, however, that objects identified in an international agreement are out of bounds. So are objects on a registry of a foreign state with the backing of the Convention on Registration of Objects Launched Into Outer Space.

Stray meteors are not solid places for an experiment.

A Lasting Character

The invention lasts with age. The invention makes its first appearance in America and, after the patent office grants a patent, becomes a solid step citizens can build upon.


United States Patent and Trademark Office, Consolidated Patent Laws (Revision, September 2007).


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