If you are thinking of patenting your invention, U.S. law requires the invention to pass through a series of tests. These tests determine if the invention meets the requirements to receive a patent. The test examines three areas; utility, novelty, and non-obviousness.

Utility Test

The utility test decides how useful the new product is in the real world.  The inventor explains how the invention is applicable and will be used. In most cases, the inventor does not have to prove the invention works. The exception to that is in the medical field, which requires laboratory or clinical test results to prove the effectiveness.

Novelty Test

The novelty test requires the invention to be innovative and new. The invention will be compared to prior art, or everything created in the past. This test is fairly easy to pass as well. Only if there is a product in the past that is identical to the invention will it receive rejection for a patent.  Many times products with simple changes will pass this test, but they face challenges in the final test.

Non-Obviousness Test

The non-obviousness test is the toughest test of the three to pass. In order to pass, the invention will be compared to prior art and the differences found must not be obvious to a person with skill in the relevant field. If an ordinary worker could have discovered the same invention it is considered obvious, and will be rejected of a patent.

Once the invention has passed these three tests it is approved for a patent and the inventor’s intellectual property is protected! Of course there are laws and regulations when filing for a patent.


Call JacksonWhite at (480) 464-1111 to discuss your Intellectual Property case today.

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