What are the main conditions for granting a patent?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
The main conditions precedent to the grant of a patent are set forth in 35 U.S.C. 101, 102, 103, and 112. These sections outline the requirements for:
- Patentable subject matter (§101)
- Novelty (§102)
- Non-obviousness (§103)
- Specification and claims (§112)
An invention must meet all these conditions to be granted a patent.