Bob Stoll, Commissioner for Patents

Q. I have an idea for a patent, but I did a search and found something close to the one the idea I have. The idea is similar, but not the same. Can I still apply for a patent?

A. Yes, you can still apply for a patent.

Most patents are improvements over old technology, i.e., the inventor starts with something known and develops or engineers something that is different.

In analyzing these “differences,” the patent examiner ascertains whether the modified device is “novel” and not “obvious” with respect to the known technology, generally known as “prior art.”

The examiner then analyzes these differences in light of the statutes 35 USC 102 and 103 to conclude whether the claims in the application are patentable over the prior art.

Claims that meet this standard are allowed and claims that do not are rejected.

Got a question for the U.S. Patent and Trademark Office? Contact [email protected]. Be sure to include “Ask the Commish” in the subject line.

Editor’s note: This article appears in the May 2011 print edition.

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