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What is patentable?

To be patentable under US law, an invention must meet three criteria. First, the invention must be useful: it must have some utility, benefit or function, or be an improvement over another product or process already available. Second, it must be novel: a patent cannot issue if the invention was known or used by others in the US or patented or described in a publication in any country. Third, it must be non-obvious:  the subject matter of a patent application must be sufficiently different from what is known, used or described before in that field so that it would not have been obvious to a person of ‘ordinary skill’ in the area of technology relating to the invention.

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