What is a Patentable Invention?

To be patentable, an invention must be new, useful, and nonobvious. A novel invention must incorporate either matter, a process, a machine, or an article of manufacture different from anything previously known. A useful invention solves a problem, improves on or proposes a new use for an existing product, or produces a desirable result. A non-obvious invention is one that would not have been obvious to a person having ordinary skill in the related technology at the time the invention was made. A considerable amount of case law clarifies this standard, which is otherwise very difficult to interpret and apply.

Is My Invention Worth Patenting?

An invention may be useful, novel, and non-obvious and still not repay the expense of filing and prosecuting the patent application to the point of issuance. Thus, before LSUHSC decides to proceed with seeking patent protection, consideration is given to any patenting obligations we have to the sponsors of the research, the commercial utility of the invention, its competitive superiority, the necessity for extensive development work, and the availability of a company willing to pay for a license to the invention. In cases where a licensee has been identified, patenting costs generally can be recovered.

The LSU System Office has diagrammed the Commercialization Process for Inventions in the LSU System.

General Information about patients can be found at the Oppedahl & Olson LLP Patent Law Website.