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Copyright, Trademark and Entertainment Law.
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Patentability Checklist


I. Checklist for Utility Patents

A. Is the utility invention:

  • a process or method?
  • a machine?
  • an article of manufacture?
  • a composition of matter? or

  • an improvement of an invention that fits within one of the first four categories?

B. Is the utility invention:

  • useful? (even some trivial usefulness satisfies the utility requirement)
  • novel? (that is, different from all previous inventions in some important way)
  • nonobvious? (is it a surprising and significant development to somebody who understands the technical field of the invention?)

II. Checklist for Design Patents

A. Is the design invention:

  • novel? (that is, different from all previous inventions in some important way)
  • nonobvious? (is it a surprising and significant development to somebody who understands the technical field of the invention?)
  • nonfunctional? (as distinguished from a utility patent)

III. Checklist for Plant Patents

A. Is the plant invention:
  • novel? (that is, different from all previous inventions in some important way)
  • nonobvious? (is it a surprising and significant development to somebody who understands the technical field of the invention?)

Featured Attorneys
Premier Full-Service Intellectual Property Law Firm serving all of Southern California.
310-275-6946
Highly Skilled Intellectual Property Attorneys Representing Businesses Nationwide. All Areas of IP Law. 1-888-WHGCLaw(944-2529)
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Oswald & Yap Serving Los Angeles and Orange Counties www.oswald-yap.com
Experienced & Effective Representation: Trademark, Patent, Copywrite and Licensing Matters.
(949) 788-8900
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