Examining the value of a particular invention is an aspect that is very much important while issuing a patent. Whenever any application is filed for a patent in a Patent Office, the application is examined for patentability by a Patent Examiner.
There are three most vital aspects that a patent examiner looks for in an invention. These include novelty, usefulness and non-obvious. An invention should be novel in the sense that it should be different from the ones that already exist. The invention should have some bit of utility in the present day-to-day life. And finally, an invention should not be an elaboration of a fact that was already explained nor should it be an extension of something that already exists. If the application does not meet any of these criteria, it can be rejected. Among all the three, the most difficult criterion that is to be explained in a patent application is the non-obviousness. While describing the obviousness of an invention, examiners usually refer to previous arts, printed publications and several other patent applications that were successfully filed earlier.
In case the application gets rejected, the applicant is required to make amendments in the application, a process known as patent application amendment. The applicant is required to make a response depending on which the patent application is processed again and the patent is issued. Prosecution of a patent application is always dependent on the complexity of the rejection, reason for rejection as cited by the examiner and the closeness of the invention with any prior invention.
One important point that every inventor should keep in mind is that under the US Patent Law, it is important to file a patent application within one year of first public use or disclosure of the invention or sale or offer for sale of an item that represents or is associated with the invention.
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