An invention can be patented if it is new, useful, and has a practical purpose. A patent is a special right given by the government to the inventor, allowing them to prevent others from making, using, or selling their invention for a specific period of time. There are various types of patents, including design patents for appearance and utility patents for functionality. A patent is essentially an agreement between the inventor and the public, where the inventor shares their invention with everyone in exchange for the exclusive right to control it for a period.
In the realm of patents, an invention must possess novelty and utility in order to be eligible for a patent. Novelty refers to the invention not being previously known or publicly disclosed, while utility implies that the invention has a practical application or advantage. For instance, a novel smartphone with an extended battery life and a faster processor would be considered both new and useful, making it eligible for a patent. Conversely, an idea for a perpetual motion machine that defies the laws of physics would lack utility and therefore would not be patentable. To elaborate, the smartphone example demonstrates an invention that is both new and useful, as it provides practical benefits to consumers. In contrast, the perpetual motion machine example lacks utility as it cannot be constructed or utilised for any practical purpose. Consequently, it fails to meet the requirements for patentability.
An invention is considered “new and useful” if it is not previously known or used and if it provides a practical benefit or solves a problem.
You can prove that your invention is “new and useful” by conducting a thorough search for prior art and by providing evidence of the practical benefits or advantages of your invention.
The process for obtaining a patent for a “new and useful” invention involves filing a patent application with the relevant patent office and demonstrating that the invention meets the criteria for patentability.
It depends on the specific details and differences between your invention and the existing invention. If your invention has significant improvements or unique features, it may still be eligible for a patent.
The potential legal consequences of infringing on a patent for a “new and useful” invention may include being sued for patent infringement and being required to pay damages or royalties to the patent holder.
Yes, you can license or sell your patent for a “new and useful” invention to others, allowing them to use or commercialize the invention in exchange for a fee or royalty.
In most countries, a patent for a “new and useful” invention lasts for 20 years from the filing date of the patent application.
Yes, you can challenge the validity of a patent for a “new and useful” invention through legal proceedings, such as a patent invalidation or revocation action.
The requirements for maintaining a patent for a “new and useful” invention typically include paying maintenance fees and complying with any other obligations set forth by the relevant patent office.
Yes, there are certain exceptions to patentability, such as inventions that are not considered to be novel or that are excluded from patent protection based on public policy or morality.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/new-and-useful/
- Modern Language Association (MLA):New And Useful. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/new-and-useful/.
- Chicago Manual of Style (CMS):New And Useful. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/new-and-useful/ (accessed: May 09 2024).
- American Psychological Association (APA):New And Useful. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/new-and-useful/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts