How to Invent and Protect Your Invention: A Guide to Patents for Scientists and Engineers

CHAPTER 5. REQUIREMENTS FOR PATENTABILITY

1. What basically is a patent?

2. What is the term (effective life) of a U.S. patent? And when does the term of a patent start?

3. What right does a patent confer on the inventor?

4. What is a composition of matter?

5. The PTO granted you a composition of matter patent for a new inexpensive but valuable chemical. Can you start to make and sell your chemical?

6. Is a patent a defensive or offensive weapon? Elaborate.

7. List the things that can be patented under Section 101 of U.S. Code Title 35.

8. Give examples of things that cannot be patented.

9. During your Ph.D. research, you prepared various gas separation membranes and carried out many diffusion experiments with them. Suddenly you discover a new relationship:

where P is permeability, S is gas solubility, and D is the diffusion coefficient of the gas. You prepare a manuscript for publication, however, before submitting it to a journal you file for patent protection. What will be the reaction of the patent examiner?

10. State the “First Law of Inventing” and define its components.

11. Name the requirements that must coexist for patentability.

12. State the requirements of “novelty” as per Section 102.

13. What is the “one-year rule”?

14. An engineer invents a novel kitchen gadget and explains the invention to his family and friends. He builds the gadget and uses it for ...