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Patent Criteria

 
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CMugs

posts: 11

Oct 17, 2008 8:41 PM ET    Quote  Report Abuse
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  I have an idea and have done my own patent search but then some said it did not meet the criteria for a patent. Is there a list of criteria to determine if a product is patentable?
 
If it is not patentable but is not on the market can you still move ahead with no patent protection?
patentandtrademark

posts: 1332

Oct 21, 2008 4:16 PM ET    Quote  Report Abuse
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to get patent:
1.  must be new
2.  must be useful
3.  must not be merely a minor variation of something that is known.  For example, making something a little bit bigger or a little bit smaller is generally not patentable, even if the thing is "new" because it was never made in that exact size.
 
Zillions of things are made and sold every day without patent protection.
 


-------------------------

James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com
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