What Is Patentable and What Is Not in New Jersey?

What Is Patentable and What Is Not in New Jersey?

If you need assistance securing a U.S. patent, please read on, then contact an experienced Bergen County, NJ patent attorney to learn what is patentable and what is not in New Jersey.

What sorts of ideas are patentable in New Jersey?

The Patent Act defines what kinds of things can be patented, but no matter what you choose, patents are only granted to inventions that are new and novel. This means no one else has already patented your invention or that a person familiar with the field could easily figure out what you have done. You can’t patent literary, dramatic, musical or artistic works, nor can you patent a modification of an existing intellectual property or naturally occurring item. In short, you can patent things that are capable of industrial application.

What is not patentable in New Jersey?

In order to meet the statutory requirements necessary for a patent, you, the applicant, must prove the following characteristics:

  • Novelty: Simply put, it must be new and not the subject of public discourse more than a year before your patent application filing date. If the public knows about it before you invented it, it was described in a publication a year or more before you filed or was used or sold publicly before that time, it is not novel.
  • Usefulness: It must possess practical utility, operability and beneficial utility. Unless your invented process, machine or composition can operate for an intended purpose in the real world, you can’t patent it.
  • Non-obviousness: If the invention would be considered obvious to a layperson, then it can’t be patented.

These categories can be difficult to understand and subjective. If so, you should reach out to a skilled Bergen County, NJ intellectual property attorney to discuss your next steps.

How can a Bergen County IP lawyer help you?

Patent attorneys, or intellectual property lawyers, specialize in laws relating to idea ownership. They provide legal advice to protect a client’s ideas, including assessing similar patents or copyrights and determining whether you have infringed upon another’s intellectual property and whether that significantly impacts yours. This process is long and time-consuming. Small mistakes can cost you dearly. Our firm can help you avoid common pitfalls. Do not go it alone. Give us a call today.

Contact our Firm 

The Law Offices of Richard E. Novak, LLC has over 25 years of experience helping clients through tough times when they need it most. If you need assistance with any intellectual property, traffic violations, or business law matters, our firm is here to help. It is critical that you pick the right attorney who can protect your rights. Contact The Law Offices of Richard E. Novak, LLC for a consultation.