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Receiving Approval for a Patent

The USPTO outlines the steps that your patent application goes through before it can be approved and you receive a patent. The good news is that unless your patent is eventually rejected, your invention is protected from the point that it comes under review.

Prior Art

Before the Patent Office can move forward with your application, the examiner will review both approved and abandoned applications. If your invention matches “prior art,” it will be ineligible for patent.

Points of Novelty

In order to obtain a patent, the description of your invention must be both novel and distinct. Without examining the points of novelty, the USPTO would be issuing patents for wide categories of products, which could make pursuing claims problematic. In addition, the patent examiner must have a clear understanding of what your invention does and how it is different from existing inventions.

Enablement Requirement

Your invention has to be something that someone “skilled in the art” can make and use. This caveat ensures that the invention can be communicated to the public in a meaningful way.

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