Video Transcript
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Welcome to The Innovation Cafe with your friendly neighborhood inventor Gary Schuster and today we’re going to do a really quick definition what is a Utility Patent application well Utility Patent application is a real patent application in the sense that it can mature into an actual patent um a provisional patent application cannot do that so if you’re in the US your utility application is the the real application that you’re hoping to see become a patent it’s for things that are here’s the test it’s got to be useful and pretty much everything’s useful unless it’s illegal it’s got to not be obvious meaning that combining stuff that other people did in the past um doesn’t render it obvious it has to be novel meaning no one exactly did the same thing even if they didn’t recognize what they were doing um it can’t have been done exactly before um it has to be described in a way that proves to the patent exam that you have the invention you know
tackled you have it completely described in the patent application in a way that allows someone else who’s of ordinary skill in the art to build the thing and then finally there’s something called 101 eligibility and that’s kind of the wild card and that gets its own shows multiple but essentially there are certain things that are within the Ambit of things that can be patented and there are certain things that are outside what can be patented and the US Supreme Court has not provided uh very clear guidance on where the dividing line is between what can be patented and what can’t so that’s your Utility Patent application after you file it you get a 20-year patent term from the date you filed your Utility Patent application no matter when the patent issues you can get extensions for undo patent office delay that was utility patents Gary Schuster with Innovation Cafe if you liked what you heard please go ahead give me a like maybe give me a subscribe and I so look forward to seeing you at
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