First things first

(PHONE RINGS)

“Hi, this is Hal Gibson”

“Yes, I’d like to patent this wonderful new sandwich I came up with, its got cheese, and turkey, and . . . “

and as the prospective patentee goes on, once again I launch into the four requirements for patentable inventions.

First, the subject matter of the invention must be patentable. This is a relatively easy hurdle, as it includes just about “anything under the sun that is made by man.” So, the sandwich meets the first requirement.

Second, the invention must be useful. While a patent applicant can no longer claim utilities such as using DNA sequences for landfill, or transgenic mice for snake food, the utility requirement is not difficult to meet, and Sandwich Boy is not out of luck just yet.

Third, the invention must be novel. If it is not new, there is no reason for the Patent Office to allow you to patent it. So, assuming the sandwich is novel, we move on to the last requirement.

Finally, the invention must be non-obvious. Here is where Sandwich Boy hits the wall. Though his sandwich may be “made by man” and quite useful, and may even be groundbreaking in the field of sandwich technology, the sandwich is nothing new (see more here) and Sandwich Boy will have a tough time convincing the Patent Office otherwise.

Take Care-
Hal