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Frequently Asked Questions
Why can't I just mail myself a certified letter?
The law does not consider a certified letter as evidence that the
contents therein were written on the date of the postmark for a variety
of reasons, including that the envelope could have been steamed open and
the contents added at any time. Please use either an inventor's notebook
or use the US Patent and Trademark Offices' document disclosure program
to establish your date of invention. Under the law you have to file a
patent (in the US) within one year of a public disclosure or offer for
sale. Having a certified letter showing that you invented the item will
provide you no protection under the law.
Is my invention patentable even though it is a combination of old
items?
Every invention is a combination of known items, since you cannot make
something from nothing. For an invention to be patentable it must have
utility, it must be novel and it must be non-obvious.
Utility
means the item or invention must have some practical use.
Novelty
means that an examiner cannot find one reference, usually a patent, that
shows all the elements and connections between the elements in a claim
defining your invention.
Non-Obviousness
means that an examiner cannot find two or more references that show all
the elements and connections between the elements in a claim defining
your invention. Note that the examiner has to have some reason for
combining the references, such as they are closely related from a
technology point of view or one of the references suggests the
combination.
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