Posts Tagged: "invention patent"

Moving from Idea to Patent: When Do You Have an Invention?

When you are moving from idea to invention to patent, regardless of how or why you find yourself stuck in the idea phase, the first order of business to get the ball rolling. You need momentum. In order to get that ball rolling what you need is a strategy to help you move past the idea and learn to describe your idea with enough specifics so that it no longer is what the law would call a merely an idea.  In a nutshell, if you can describe your idea with enough detail you don’t have an idea, what you have is an invention, or at least the makings of an invention. Here are 7 concrete steps you can take to help you get from your idea, to an invention worth patenting.

Doing Business in China: Understanding China’s Patent System

Even with the discretionary substantive examination in a utility model patent application, they are generally much easier to obtain and much cheaper to get. There may also be advantages to utility model patents in China. While the fact that they are not substantively examined might make it seem that they would be easier to invalidate, that isn’t the case in reality. Under the Chinese system a maximum of 2 references can be used to fashion an obviousness rejection. “In our industry there is rarely a silver bullet,” Moga explained. It is certainly true that obviousness is the real hurdle to patentability and it is extremely common to see obviousness rejections in the U.S. that weave 3 or more references together to provide the foundation for an obviousness rejection.