Is My Idea Patentable?

The ability to patent an idea may be the difference between being able to launch a product as a leader in the field or be inundated by hundreds of copycats. If you choose to sell or license an idea, it’s essential.

The three major questions you need to ask are:

  • Is it useful?
  • Is it Nonobvious?
  • Is it new?

The patent office has also declared that things such as laws of nature (think gravity), abstract ideas (think math), and artistic works cannot be patented (however, they possibly can be copyright protected).


Determining whether or not something is new, useful or non obvious is much more complicated than you might assume. On the surface, two ideas may seem to be substantially the same, but in fact are quite different. On the other hand, two patents might seem to be different, yet overlap substantially diluting many of their claims.

Even after a patent is issued, under new legislation, they may be tested. This means that the way a patent is crafted is crucial. Each claim must be written in a certain way to make sure it can stand alone or support the claims before it. Many inventors go after cheap patents only to find later they will be paying much more money trying to prove its value in front of a trial judge.

Van Dyke IP, with over twenty-five years of experience, crafts its clients’ patents with the precision, patience, and the attention to detail necessary to draft patents that will help protect clients long term. ¬†Please call us at 202-378-3903 if you need our assistance.