What makes an invention patentable?

A US patent must satisfy four requirements: it must be eligible subject matter under §101 (not an abstract idea, law of nature, or natural phenomenon), novel under §102 (new versus the prior art), non-obvious under §103 (not an obvious variation to a skilled person), and described well enough under §112 that someone could make and use it. Failing any one is fatal.

Why are software patents so hard to get?

Software faces the Alice/Mayo test under §101. Claims that merely automate an abstract idea on a generic computer are ineligible, while claims directed to a concrete technical improvement — how the computer or a technical process works — can be eligible. Tying the invention to a specific technical improvement is the key to surviving a §101 rejection.

What is the hardest patent requirement to meet?

In practice, non-obviousness (§103) rejects the most applications. Even a novel invention can be rejected if an examiner finds it would have been an obvious combination of existing references. Evidence of unexpected results or a solved long-standing problem helps overcome it.

Free Tool · Patentability

Is your idea actually patentable?

Name: PatentBrief
Address: Phoenix, AZ, US
Price range: Free

Every US patent must clear four hurdles: eligible subject matter (§101), novelty (§102), non-obviousness (§103), and a complete enough description (§112). Answer a few questions and we'll rate your idea against each — and flag the one most likely to sink it.

1 · What kind of thing is it?

2 · How novel is it?

3 · Have you disclosed it publicly?

4 · How inventive is the leap?

5 · Can you describe how to build it?

Promising — with risks to manage76/100

No outright dealbreakers, but §103, §112 need attention. A prior-art search and careful claim drafting (ideally with an attorney) are the highest-leverage next steps.

§101Eligible subject matterPass

Machines, manufactures, compositions of matter, and technical processes are classic patent-eligible subject matter. §101 is unlikely to be your obstacle.

§102NoveltyPass

On your assessment the invention appears new, with no single prior reference disclosing it.

§103Non-obviousnessConcern

Some inventive step is good, but §103 is where most applications struggle. Document why a skilled person wouldn't have combined the prior art this way — and what surprising advantage your approach delivers.

§112Enablement & descriptionConcern

You can describe most of how it works — close, but the gaps are exactly what an examiner (and a competitor) will probe. Nail down the unresolved mechanisms before filing so the disclosure fully supports your claims.

Check my idea →Draft a provisional →Which IP? →

This is an educational screen, not a legal opinion or a prior-art search — the one thing it can't replace. Patentability turns on the actual prior art and claim language, so confirm with a patent attorney. PatentBrief is not a law firm.

The four gates

All four, or nothing.

A patent must clear every requirement — failing one is fatal no matter how strong the others are. §101 asks whether it's even the kind of thing patents cover (the trap for software and abstract ideas). §102 asks whether it's genuinely new. §103 — the hardest in practice — asks whether it would have been obvious to a skilled person. And §112 asks whether you've described it well enough that someone could build it. Non-obviousness and eligibility sink the most applications.

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