You’ve built something clever. Maybe it’s software that saves hours, hardware that runs smoother, or a machine-learning trick that no one else is doing. You know it’s special. The last thing you want is for someone else to copy it—or worse, beat you to market with your own idea.
Is Your Idea New?
What “New” Actually Means in Patent Land
The first thing a patent examiner looks for is whether your invention is new. But “new” doesn’t just mean “cool” or “nobody I know is doing this.”
It means no one, anywhere in the world, has ever shown, sold, written about, or described the same thing before your filing date.
That includes blog posts, academic papers, YouTube demos, products on Amazon—even your own stuff if you published it more than a year ago.
If it’s out there, it counts.
This is called “novelty.” And if your invention isn’t novel, you can’t patent it. Period.
How to Know If It’s New
You don’t have to dig through the entire internet yourself. But you do need to get smart about checking.
Patent searches are your friend here. You can run some basic ones using Google Patents.
Look for inventions that do something similar, and read what they claim. If it’s already claimed, yours might not be new.
But don’t panic if you find something close. The question is: is your invention different in a meaningful way? That’s where the next test comes in.
The One-Year Rule
Let’s say you’ve already put your idea out there. Maybe you gave a talk at a meetup. Or posted a demo online.
If that happened more than 12 months ago, your own work could stop you from getting a patent.
That’s a real rule. It’s called the “statutory bar.” You’ve got a one-year countdown from the moment you make your invention public.
After that, it’s game over for a patent on that version of the idea.
So if you’ve already shared your invention and want to protect it, move quickly. You might still be within the window.
Why This Test Matters
Failing the “new” test is the fastest way to waste money on a patent that gets rejected. But passing it early gives you an edge.
It means you’re building something truly original. And that’s what investors, acquirers, and partners care about.
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Is It Useful?
What Usefulness Really Means
The patent office won’t grant patents on stuff that doesn’t work or serve a purpose. Your invention has to be useful in the real world.
It needs to do something.
That doesn’t mean it has to be world-changing. It just can’t be imaginary, impossible, or a science experiment with no purpose.
If it solves a problem—even a small one—and if it can be built or used in a practical way, it passes.
So, no patents for perpetual motion machines, time travel devices, or “ideas” without a way to make them real.
Can You Show It Works?
You don’t need a prototype. But you do need to explain how it would work.
That means showing that someone with basic skills in your field could build or use it based on your explanation.
Let’s say you’ve come up with a new kind of drone software. You need to show how the software controls the drone in a new way—and what that actually does in practice.
Just saying “it makes drones better” isn’t enough.
Saying “it improves landing stability in wind using predictive adjustment of rotor speeds based on sensor fusion” is the kind of detail examiners are looking for.
Ideas Are Not Enough
Here’s where a lot of founders get tripped up. They say, “I’ve got a great idea for a platform that helps people connect better.”
Cool. But unless you can explain how it does that—what’s new about the tech, what the actual method or system is—it’s not enough.
The system needs something real and concrete. Not just a goal or a vision.
Why This Test Matters
This test weeds out hand-wavy ideas. And that’s a good thing. If you pass it, you’re showing the world your idea is not just cool—it’s real, useful, and ready to matter.
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Is It Non-Obvious?
What “Non-Obvious” Really Means
This one can feel tricky, but it’s key. Even if your invention is new and useful, you still have to show that it’s not “obvious.”
Here’s the deal: if someone skilled in your field could look at existing stuff and say, “Yeah, of course I’d combine those ideas,” then your invention might be too obvious to patent.
It doesn’t mean you’re not clever. It just means the patent office wants to reward real invention—not simple tweaks or combinations that any expert might naturally do.
Think Like an Examiner
Let’s say you created a new sensor system that combines infrared and ultrasonic for better object detection.
If those two types of sensors were already used together in other tech—just not for your use case—the question becomes: would it be obvious to use them in the way you did?
Patent examiners think like detectives.
They look at what was already known before your invention (this is called “prior art”) and ask: “Would this solution be obvious to a person who knows this field?”
If the answer is yes, your application might be denied—even if it’s technically new.
What Makes Something “Non-Obvious”?
Here’s where your edge comes in. If your solution solves a problem in a new way, or achieves better results no one else expected, that’s a strong signal.
Maybe you didn’t just combine two tools—you changed how they work together.
Maybe your system solves a pain point that others tried but couldn’t crack. Maybe your solution is cleaner, faster, or more scalable in a way that wasn’t clear before.
That’s the kind of thing examiners take seriously.
Use Your Story
Don’t just say what you built. Show why it wasn’t obvious. What did others try? Why didn’t it work? What did you figure out that changed the game?
If you were surprised by the result, or if it took several tries to get it working, mention that. It helps show that it wasn’t an obvious solution.
And if your idea got praise from others in your space for being fresh or smart, that can help too.
Not every patent is a breakthrough. But every patentable invention should be more than a simple tweak.
Why This Test Matters
This is the wall between clever ideas and patent-worthy inventions.
Getting past “non-obviousness” means you’ve built something with a real edge. It’s a sign you’ve got intellectual property that could stand out.
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Is It the Right Type of Thing to Patent?
What You Can (and Can’t) Patent
Not everything can be patented. Even if it’s new, useful, and clever.
The patent system has rules about what kinds of things qualify. This is called “subject matter eligibility.”
And here’s where it gets real. Some ideas—especially in software, data, or abstract models—get rejected because they fall outside the boundaries.
So what exactly are those boundaries?
Let’s break it down in plain English.
You Can Patent Machines, Processes, and Products
If your invention is a machine (like hardware), a method (like a software process), or a system (like a network setup), it likely qualifies.
If it transforms something, improves how something works, or solves a technical problem in a concrete way—you’re in good shape.
This includes AI models, if they’re applied in a useful way. It includes code, if it actually does something specific and practical.
It includes devices, sensors, and systems that interact with the real world.
But…
You Can’t Patent Pure Ideas or Math
If your invention is just an idea in your head, a rule for playing a game, or a math formula by itself, it’s not patentable.
The same goes for software that just does accounting or business processes unless it solves a technical problem in a new way.
The key is: does your invention make something happen in the real world?
Does it do more than just process numbers or organize data? If it’s grounded in tech, you’re likely on the right side of the line.
The Rule of Thumb
Think about this: if your invention disappears tomorrow, does something stop working? If yes, it’s probably patentable. If no—if it’s just an idea or theory—then maybe not.
The more technical, specific, and practical your invention is, the better chance it has.
Why This Test Matters
Many great ideas get stuck right here. Not because they aren’t brilliant—but because they’re too abstract.
Knowing this early saves you time and helps you shape your invention into something defensible.
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Can You Explain It Clearly?
Why Clarity Is Half the Battle
Having a strong invention isn’t enough if you can’t describe it in a way that someone else—especially a patent examiner—can understand.
This is a big deal. The patent system is built around disclosure.
That means when you file a patent, you’re giving away the details of how your invention works. In return, you get the legal right to stop others from copying it.
But there’s a catch: if you don’t explain it clearly enough, your application can get rejected.
What “Clearly” Really Means
This doesn’t mean writing a novel. It means explaining what your invention is, how it works, and how someone could make or use it without needing to guess.
If you’re writing about software, don’t just say what it “does.” Show how it does it. Describe the logic. Break down the steps.
Walk through a real example. If it’s hardware, show how the parts fit together. Explain why they’re arranged that way.
You’re not just trying to impress someone. You’re teaching them—step by step—how your invention comes to life.
Why This Trips People Up
Many founders are deep in their own heads. You’ve lived with your invention for months—or years. You see how it works.
But the patent office doesn’t. You need to start from zero.
Write like you’re explaining your invention to someone technical, but outside your team.
What would they need to know to build it? What parts matter? What steps are required? That’s what the patent examiner is looking for.
The Hidden Bonus
When you force yourself to write this clearly, something else happens. You get sharper about what your invention really is. You spot the parts that are unique. You start to see what’s core—and what’s just supporting detail.
That clarity helps you file a stronger patent. It also helps you pitch your tech better to investors, partners, or even your own team.
Why This Test Matters
A great invention, poorly explained, is just as vulnerable as a weak one. The clearer your story, the better your shot at approval—and the better your protection once you get it.
👉 Want help putting your invention into words that actually work? We’ve got software and experts for that: https://powerpatent.com/how-it-works
Can It Be Built?
Turning Big Ideas into Real-World Proof
Let’s say you’ve dreamed up a game-changing way to reduce latency in cloud systems or created a machine learning tweak that cuts model training time in half.
Those are powerful ideas. But no matter how bold or brilliant your concept is, if it can’t be built—or if you don’t show how it could be built—it won’t pass the patent test.
This is where many smart inventions quietly fail. Not because they lack technical merit. But because they stop short of showing enough real-world grounding.
It’s not about whether you have built it yet. It’s about whether someone else could, based on what you’ve shared.
Strategy First: Map the Path From Concept to Construction
One of the best ways to strengthen this part of your patent application is to think like a product developer, not just an inventor.
Ask yourself: what resources, tools, and knowledge would someone else need to bring this idea to life?
Start with your input. What are you starting with? Hardware, code, data, materials? Then show the transformation.
What happens to that input, step by step? What do you get at the end that wasn’t there before?
When you walk through that clearly, you not only prove that your idea is buildable—you also start to expose what’s unique and defensible about it.
This is especially powerful for startups working with software.
A lot of founders file patents around AI, blockchain, or cloud systems, but don’t clearly explain how their system works from input to output.
They describe the vision, not the method. That’s where most rejections happen.
Work With Your Engineers—Even if You Are One
Even if you’re the one who built the invention, it helps to sit down with your team and walk through the build path together. Think of this as a reverse engineering session.
Can someone who wasn’t involved follow the trail? Are there any hidden assumptions that only your team understands?
If you can lay this out clearly, you’re not just helping your patent chances. You’re future-proofing your tech.
You’re documenting your invention in a way that investors, future hires, and partners can understand.
That makes it easier to raise capital, scale your product, or even license your IP down the road.
Test the Edges of Feasibility
Here’s a trick that top patent strategists use: they stress test the invention.
Ask yourself, if someone tried to build this using slightly different tools or methods, would it still work? If yes, that’s a chance to expand your explanation and claims.
If no, you need to clearly justify why your approach is the only one that works. Both strategies help. They either make your patent broader or more defensible.
This is especially helpful if your invention relies on a new material, algorithm, or hardware interface. Show how it works in real-world conditions.
Point out what would fail without it. This signals to the examiner that your invention is not just theoretical—it’s necessary.
Use the Right Language for the Right Audience
Patent examiners aren’t your target customers. They’re not looking for user benefits. They’re looking for technical enablement.
That means they want to see how the invention functions under the hood.
Avoid marketing language. Say what your system does, not what it promises.
Instead of saying “our software improves collaboration,” show how it routes messages, tracks changes, prioritizes actions, or flags miscommunication. That’s the kind of detail that builds credibility.
Provisional Filing Tip: Capture Your Build Path Now
If your idea is still evolving, a smart move is to file a provisional patent. It lets you lock in your filing date while you continue refining.
But don’t rush it. Even a provisional needs to describe how your invention could be built. Treat it like a draft blueprint.
Include diagrams, architecture sketches, technical logic—even if rough.
Every sentence you include could become part of your full patent later. And everything you leave out? That could be claimed by someone else down the line.
That’s why it’s worth slowing down just enough to capture what matters now—before your window closes.
Why This Test Is a Business Advantage
A buildable invention isn’t just patentable—it’s valuable. Investors want to see more than ideas.
They want signs that your technology is real and defensible. That’s exactly what a strong, well-explained patent application proves.
It tells the world: this isn’t vaporware. This is something new, useful, and real—and we’ve got the roadmap to build it.
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Can You Claim It the Right Way?
Why Claims Are the Heart of the Patent
Everything in your patent application leads to this one thing: your claims.
These are the sentences—usually at the end of your application—that say, in legal terms, exactly what you’re asking the government to protect.
Think of your claims like a fence. Whatever’s inside the fence is protected. Whatever’s outside is fair game for anyone else to copy.
And if the fence is too vague, too wide, or too weak, it won’t hold up.
So getting this part right is everything.
What Makes a Good Claim?
A strong claim is clear, specific, and connected to the actual invention. It doesn’t try to cover the whole universe. But it also doesn’t give away the core idea.
It’s not enough to say, “a system for improving communication.” That’s way too broad. The patent office will say, “Improving communication how? With what tools? What’s new about it?”
On the other hand, if you say, “a system that analyzes voice tone and word choice in real-time to adjust AI-driven conversation responses,” now you’re getting specific. You’re claiming something real.
The goal is to cover the exact thing you invented—plus enough room around it to stop easy workarounds.
Why Claims Get Rejected
Most claims get rejected because they’re either too vague or too close to what’s already out there. That’s why earlier tests—like novelty and non-obviousness—are so important.
If your claims overlap too much with prior inventions, the examiner will point that out and say, “Already covered.
Try again.” And if they’re too abstract, like just describing a business result or a goal, you’ll hit a wall.
Writing strong claims takes strategy. You need to know what’s already patented. You need to know what makes your idea different.
And you need to say it all in just the right way.
You Don’t Have to Do It Alone
This is one of the few parts of a patent that really benefits from expert help. Even if you’re a great engineer or builder, writing claims is a different skill. It’s technical, legal, and strategic—all at once.
At PowerPatent, this is where our software and real patent attorneys work together.
We help you define your claims clearly and confidently—so you don’t lose protection because of a missed word or vague sentence.
Why This Test Matters
This test is the final gate. Even if your invention is brilliant, if you can’t claim it the right way, it won’t be protected.
But if you do it right, this is the part that gives you real power. It’s the difference between having a patent and having a patent that matters.
👉 Want to make sure your claims are tight, clear, and defensible? We help you write them right: https://powerpatent.com/how-it-works
Wrapping It Up
You’ve got something worth protecting. You’ve invested the late nights, the brainpower, the debugging, the reworking. Maybe you haven’t shown it to the world yet—but you know it’s different. And if you’ve made it this far in the patent checklist, you now know exactly what it takes to make that difference legally real.
