Do You Need a Patent or a Trademark First?
Legally reviewed by Thomas Lemler - founder of Lemler IP
If you’ve developed a new way of producing something or conducting business, you may wonder if it qualifies for a patent. In short, the answer is, in many cases, yes, you can patent a method or process, as long as it meets the requirements of patentability. Please continue reading and reach out to a seasoned Washington, D.C. patent lawyer to learn more about how to patent a method or process and how an attorney can assist you. Here are some of the questions you may have:
What is a method or process patent?
A method or process patent is a form of utility patent that deals with methods of altering the functionality or characteristics of a material for a particular use. For instance, you can patent a method of brewing coffee, a process of curing diseases, or a technique of teaching languages. These differ significantly from product patents, however. Product patents that correspond to the aforementioned method patents could be a coffee maker, pharmaceutical, or a device that implements the technique of teaching languages.
What are the criteria for patenting methods or processes?
To be eligible for patent protection, your method or process must satisfy the following criteria:
- The method/process must be useful: Your method or process must have a practical application and produce a beneficial result. Importantly, it must not be abstract, theoretical, or speculative.
- It must be novel: It must not be known or used by others before your filing date. It must not be disclosed in any prior publication, patent, or public use.
- The method/process must be non-obvious: Simply put, the method/process should not be obvious to a person with ordinary skills in the relevant field–it must involve an inventive step that is not readily apparent from the existing knowledge.
How do I apply for a method or process patent?
To apply for a method or process patent, you need to file a utility patent application with the U.S. Patent and Trademark Office. Your application must include:
- Specification: A written description of your invention that explains how to make and use it. It must also disclose the best mode of carrying out your invention and any alternative embodiments.
- Claims: A concise and clear statement of the scope of your invention that defines the legal rights you are seeking. Your claims must particularly point out and distinctly claim your method or process.
- Drawings: Any drawings that are necessary to understand your invention. Your drawings must show every feature of your invention that is claimed and referenced by numerals.
- Oath or declaration: A sworn statement by the inventor(s) that they believe themselves to be the original and sole inventor(s) of the invention.
- Fees: The required fees for filing, examination, and issuance of your patent.
If you believe you’ve discovered a method or process that is patentable, or you have any questions about this process, please don’t hesitate to contact Lemler IP today.
