Does My Invention Need A Patent? Key Questions To Ask Before Getting Started.

Patents are essential for protecting the value of your intellectual property, but obtaining a patent is a complex legal process. At Frisina, LLC, our founding attorney will assess your situation and advise you if a patent makes sense to protect your IP.

Here are a few questions to ask before starting the patent process to determine if it is the right IP strategy for you.

Does My Invention Meet The Basic Criteria Of Patentability?

To be considered eligible for a patent from the United States Patent and Trademark Office (USPTO), an invention must meet certain criteria. The most important of them include:

  • The invention must be patent-eligible subject matter, including processes and methods, machines, articles of manufacture (any item that can be manufactured), and compositions of matter (generally chemical compositions such as pharmaceuticals, catalysts, advanced materials, artificial genetic materials or other new chemical compounds).
  • The invention must truly be novel, meaning it cannot be found in the prior art.
  • The invention must be useful, i.e., serve a purpose, and not be entirely ornamental in nature.
  • The invention must be nonobvious — meaning a skilled person would not find it obvious to piece together your invention from known technologies.
  • You must not publicly disclose your invention or offer it for sale prior to filing a patent application.

Would A Patent Help My Business?

One of the main advantages of obtaining a patent for your invention is that it allows you to protect the parts of your product that are truly unique. If your innovation is more subtle or less easy to discern, this may make it harder for you to enforce infringement claims against competitors if you do receive a patent, but at the same time it may provide the option of protecting your invention as a trade secret.

Can I Afford To Patent My Invention?

Obtaining a patent is a multiyear commitment in many cases and can often require a substantial budget to support it. Our firm’s lawyer, Dominic A. Frisina, provides wise and experienced counsel and can advise you on the most cost-effective path to receiving your patent.

Turn To Us For Patent Advice

Protecting your work is key to benefiting from it financially and legally. We are based in Cleveland but serve clients throughout Ohio as well as across the country and globally. Contact us today for a no-cost introductory assessment. Call 440-600-1992 or use our online intake form.


Lead Counsel Rated | LC