TO BE PATENTABLE A NEW PRODUCT MAY NOT BE OBVIOUS
The combination of familiar elements according to known methods is likely to be obvious when it does no more than yield predictable results. However, a patent composed of several elements is not proved obvious merely by demonstrating that each of its elements was, independently, known in the prior art. Inventions in most instances rely upon building blocks of what is already known.
DOCTRINE OF EQUIVALENTS
A patent protects its holder against efforts of those who would copy the invention and would seek to evade liability for infringement by making only insubstantial changes to the patented invention. This is covered in the law by the Doctrine of Equivalents, which prevents such a practice.
WHAT DO I NEED BEFORE I CONTACT A PATENT ATTORNEY?
The task is to teach your attorney everything you know about your invention, especially the features you feel are important to be protected. You can do that through pictures, a prototype, sketches or drawings, or even just a verbal description.
FEDERAL CIRCUIT APPEALS COURT ON METHOD PATENTS
A claimed process is patent-eligible only if: (1) it is tied to a particular machine or apparatus, or (2) it transforms a particular article into a different state or thing.
WHAT DOES A PATENT OR TRADEMARK COST?
The cost you might be charged may vary with the law firm you select. For example, rates of large firms may be more than small firms. However, an hourly rate either high or low is not necessarily indicative of quality in the result. A lowest rate is not a value if the result is less than you should demand. Neither should you pay more than you should.