When you have an idea for an invention, you may wonder how to patent it. After all, you can't patent an idea if there is no real world use for it. You need to have an idea that solves a real problem or offers an application that is not obvious. If you have a new product or service, market research can help you refine your idea. It can also help you create a better product for an industry that is growing. But make sure you do market research properly.

You must have a real-world application

There are several criteria that need to be met for an invention to be considered a valuable new product or process. First, the invention must be new and must not have been previously made public. Second, it must offer a unique and innovative solution to a problem. The solution cannot be obvious to a manufacturer. A simple example is a new attachment method for swings. The method is not inherently new, but it offers an entirely different way to attach a swing.

You must have a non-obvious invention

To be eligible for a patent, your invent idea must be novel, which means that no one else has come up with it before. It must also have not been published before or described in a patent application. Moreover, your idea must be not so obvious that it would be obvious to others. For example, if you are thinking of creating a product or service which combines two known things, it would not be novel, because you would have to have something unique about the combination of these things.

In deciding whether an idea for invention is novel, the court takes several factors into consideration. The most important of these factors is whether it can be implemented by an ordinary person. It is important to note that the USPTO has not yet adopted this test because of a recent Supreme Court decision. The decision in KSR v. Teleflex, for example, has affected courts and the USPTO.