What Does an Invention Mean?
An invention is basically a new or unique, non-obvious, inventive method, process or composition. Inventiveness refers to the fact that an invention is unexpected and creates a new law or aspect of knowledge. The invention process is typically a cumulative process throughout the entire engineering and product development procedure. It can be an original improvement on a previously existing product or technology or a new technique for producing a product or an unintended result. While often viewed as legal issues, inventions can have far-reaching effects on the technological landscape both in the short and long term.
Invention names are particularly important because they set the stage for the patenting process and can serve as a point of controversy later on if the invention is later interpreted by the USPTO as having been infringed upon. For example, the “Cell Phone Invention” held up for six years before it was finally issued, and was filed by a telecommunications industry expert who understood the industry’s concerns regarding cell phone patents. When the USPTO finally deemed the Cell Phone Invention to have been invented, the communications company that had filed the lawsuit was willing to allow the patent to go into effect but had to relinquish all rights to the invention. This could have disastrous consequences for other businesses, as well as other types of competitors. While other types of inventions are often quickly patented and protected, a cell phone patent took over thirty years to issue and has yet to be issued to any competitor.
An invention becomes patentable when the USPTO declares that the invention meets the legal requirements for patent. Once the invention has been placed into the patentable category, anyone is allowed to legally copy, use, sell, and disclose the invention. This means that anyone who invents an invention can do whatever they wish with their invention once it has been patented. A person does not need to disclose the invention during the invention submission process, but instead only needs to disclose prior art, which consists of prior art that came before the invention.
However, when an invention is disclosed prior to the invention being patented, the inventor must still disclose their invention in order to qualify for a patent. This requirement makes many innovators extremely nervous, since they do not want to get found out so soon after their invention has been granted. The United States Patent and Trademark Office require that inventors to disclose their inventions to the Office in writing, which is known as a “clear and complete disclosure.”
An invention does not need to contain a working device in order to receive a patent, however. It only needs to be a product that is new and able to accomplish its intended function. A simple cotton gin could be patented, if it were able to perform the functions that it was designed for. However, in order for a patent to be granted in this case, it would have to be proven that the cotton gin was indeed a product that was useful and could be used as intended.
A patent can also be awarded for an invention even if it is not particularly inventive. This is called an un-patented invention. However, an un-patented invention does not need to be produced in order to receive a patent. If an invention does not qualify for a patent, then it should be considered an invention that has utility without coming into conflict with existing patents. In most cases, all that is needed to prove the utility of an invention in order to receive a patent is that the invention bears a relationship to existing inventions. For example, if an apple machine with a keyboard were patented, it would only need to have some utility.