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The Law Office of Darryl E. Scott, PLLC

Patent, Trademark & Copyright Lawyer

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IS MY IDEA PATENTABLE?

Is your idea patentable?

If you solved a problem that no one else has already solved then you may have a patentable solution!

More specifically, 35 USC 101 states that: “Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.”

This is the main question I get from clients during our free consultation. Yes free.

The best way to understand what is patentable, it is also helpful to understand what is not patentable. Here is a list of inventions that are not patentable:

(1) Laws of nature – Albert Einstein would be out of luck. For example, his mathematical “discoveries” would not be patentable.

(2) Natural phenomena – If the universe already made it, then sorry. However, if the “natural phenomena” occurred as a result of your idea of combining two elements, then you may have patent (i.e., chemical process).

(3) Abstract ideas – This basically means that you have a “concept” of what you want to solve, but have no idea how to do it. Can’t patent concepts.

Obtaining a patent can be an arduous endeavor. However, the pain is worst when you see your idea being advertised on one of those infomercials. Give us a call to see if you have a patentable idea. Consultation is free.

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Darryl Scott Law

DES specializes in complex contract negotiation, business development and is highly sought after by other attorneys to provide consultation regarding the use of technology as it applies to changes in the law and your law practice.

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Fax: 281.616.6245
dscott@darrylscottlaw.com

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Houston, Texas 77077

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