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When is an invention patentable?

Inventions must be:

    The novelty requirement means that the invention must be new and cannot have been publicly known before. The novelty requirement can have a profound effect on the patentability of an invention and inventors should be aware of the consequences – you are advised to contact the OTD to avoid inadvertent loss of patent rights due to public disclosure prior to protecting the IP.
    The usefulness or utility necessitates that a patent requires inventions to have at least one specific use.
    This requirement of a patent means: a person knowledgeable in the field of use and with ordinary skill in the art would not likely develop the same invention. It differs from novelty in that novel inventions might only constitute insignificant changes. The non-obvious requirement thus is a significantly larger barrier whereby a patent examiner can disallow a patent even though it is not specifically disclosed anywhere in the prior art.

Contact the OTD

Phone: 414-955-4362

Fax: 414-955-6427



Curative Care Network Bldg
1000 N. 92nd St
Milwaukee, WI 53226

OTD Web Site

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Page Updated 05/02/2014