So, you have an idea for a new invention, and now you might be asking yourself, “Do I really need to spend money hiring a patent lawyer?” After many years of preparing, filing, and prosecuting hundreds of patent applications in the United States and abroad, I know there a many reasons why it does make sense to spend money on a patent lawyer to optimize the value and competitive advantage realized from your invention. But one reason in particular has applied to all but a handful of patent applications I have handled over the past three decades. That reason is the “obviousness” requirement for patentability (sometimes also appropriately called “nonobviousness,” but that doesn’t work so well in the title of this article).

So, you have an idea for an invention. And more than once you’ve thought to yourself, this could be the next BIG thing! And more than once, your next thought has been, yes, but someone or some company with more resources will see my idea, rip it off, and beat me to and/or in the marketplace.