Innovation innovating breakthrough invention patent pertains to innovation done to an embodiment or certain parts of prior art.

Conditions for Obtaining an Innovation Innovating Breakthrough Invention Patent:

1. Non-Obviousness - meaning that the technology of the innovation innovating breakthrough invention patent must be different enough from the prior art so as to not be obvious in view of the prior art.
2. Novelty - meaning that the technology of the innovation innovating breakthrough invention patent is not "anticipated" or identical to an invention disclosed in a single piece of prior art.
3. Utility - meaning that the Innovation innovating breakthrough invention patent must have a useful purpose. Virtually all Innovation innovating breakthrough invention patent meet the utility requirement which has largely been used to prevent the patenting of "quack" inventions such as perpetual motion machines.

No patent protection is available for:

• An innovation innovating breakthrough invention patent known or used by others in the U.S. prior to the date of invention by the Applicant.
• An innovation innovating breakthrough invention patent or described in a printed publication anywhere (U.S. or abroad) prior to the date of invention by the Applicant.
• An innovation innovating breakthrough invention patent or described in a printed publication anywhere (U.S. or abroad) more than one year prior to the U.S. filing date of the patent application.
• An innovation innovating breakthrough invention patent in public use in the U.S. more than one year prior to the filing date of the patent application.
• An innovation innovating breakthrough invention patent on sale in the U.S. more than one year prior to the filing date of the patent application.
• An innovation innovating breakthrough invention patent continues to be a grant of a "bundle of rights", specifically the rights to prevent others from
  1. Making;
  2. Using;
  3. Selling; or
  4. Offering for sale the patented invention.

No right to make, use, sell or offer to sell the patent. A patent application must contain:

1. A written description of the invention; and
2. Claims particularly pointing out and distinctly claiming the invention.

The description is simply a detailed account of the structure, operation, and function of the invention, written in such terms as to "enable any person skilled in the art to make and use" the invention.

The claims define the boundaries of the intellectual property and must be carefully drafted to avoid the teachings of the prior art while providing maximum legal protection for the invention.