Under what circumstances can I apply for a patent in the United States?

Hello, 1, practicality

"Practicality" means that the effect or result of a patent should have an impact on people or human society. Useless inventions (such as perpetual motion machines that violate the laws of nature) and inventions that violate public morality cannot be patented. Practicality also includes the requirement of full description or disclosure. The patent specification submitted by the applicant must fully describe the relevant invention, provide clear information so that technicians in related fields can make and use the invention, and disclose the best implementation of the patent at the same time, but even if the best implementation is not disclosed, it will not affect the validity of the patent.

2. novelty

Patents protect "novel" inventions. An invention that has been published internationally before the date of application, or has obtained a patent, or has been publicly used, sold or otherwise known to the public, or someone else has filed a patent application and recorded it in a patent document published or presumed to be published later, shall not be granted a patent. However, if it is disclosed by the inventor himself or the person who directly or indirectly obtained the invention from the inventor within 1 year before the patent application date, novelty will not be lost.

3. Non-obviousness

If the difference between the invention in the patent application and the existing technology at the time of patent application is obvious to people with general technical level in related fields, then the invention cannot be granted a patent.

According to Article 154 of Title 35 of the United States Code, the patentee has the exclusive right to manufacture, sell, use, promise to sell and import the patented invention. If the invention is a method, it enjoys the exclusive right to use the patented method and the exclusive right to use, import, sell or promise to sell the products produced by this method. The term of protection of utility model patents is 20 years from the date of application. The obligee needs to pay the maintenance fee in the third, seventh and sixth years +0 1.5 years after obtaining the patent right, otherwise the right is invalid.