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Patent
Criteria
Patent Criteria
Generally speaking, if an invention is of a type that
that can be patented (as described in the previous section), an invention
must meet three criteria in order to actually obtain a patent:
- Utility - the invention must be useful (even if the use is only
recognized by researchers).
- Novelty - there must be no existing technology or description thereof
that is identical to the invention.
- Non-Obviousness - the invention must not be obvious to one having
"ordinary skill in the art."
- The following are often subjects of debate between the patent attorney
(representing the inventor) and patent examiner (working for the PTO).
-What "art" (technological field) does the invention
fall within?
-What constitutes ordinary skill?
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