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Patents play a crucial role in protecting an invention. And if your search for “How to patent an idea?” brought you here, then here’s the answer – You can’t patent an idea.
Now, you must be wondering, what’s the point of writing this post? Well, the goal is to provide readers with all the necessary information about the patent to protect the idea you have in your mind.
If you are looking for a specific reason why you can’t patent an idea, then here’s the answer.
Patents are granted for novel, non-obvious inventions with an industrial application, not abstract concepts or mere thoughts. They are usually given to inventions that provide a concrete embodiment or application, demonstrating new and innovative solutions to a problem. And an idea fails to provide evidence to solve a problem practically.
Yet, there are ways to patent an idea. The post will discuss the key considerations, documentation requirements, and the overall patent application process, following which you can protect your billion-dollar idea.
Let’s dig in deep and start with the basics first!
According to WIPO, a patent is an exclusive intellectual property (IP) right granted to an inventor for an invention offering a new technical solution or way of doing something to a problem. This legal document gives the inventor an exclusive right to a process or product, thus legally stopping everyone from making, selling, or using a patented invention or process without permission.
Now, how do you find out if someone else has already patented the innovation you are considering?
It’s crucial to check various patent databases and websites. This step ensures the originality of your idea and prevents potential legal issues. These platforms can help you find patents related to your idea, giving you a clear understanding of whether your ideas are already patented or not.
Here are patent databases and websites you can explore:
Patent scope
USPTO
Google Patent.
When searching patent databases in specific countries like the UK, Japan, Korea, and others, you can use keywords, title, inventor, applicant, and other information to find a patented invention. Just like searching on Google, these criteria can help you narrow down your search and find relevant patents.
Remember, searching for patents takes time and can be complicated. Finding a patent similar to your idea can be a good idea, but it is also a good idea to consult a professional IP consultant for more accurate and insightful results.
So, now you have established that your idea is unique. Let’s dig deep and explore how you can patent an idea.
Patenting an idea or invention is a complicated process; however, we have oversimplified the process into six simple steps. For smoothly navigating the complex intellectual property domain, we recommend consulting a patent attorney to help you prepare and submit the filing. Let’s start with the first step to patent an idea in six steps.
An idea or invention can be patented if it satisfies five primary requirements;
Patentable Subject Matter: Defines what inventions are eligible for patent protection, including processes, machines, manufactures, compositions of matter, or improvements thereof, as stated under 35 U.S.C. § 101.
Utility: An idea or invention must be useful, with the USPTO expecting asserted utility to be credible, specific, and substantial.
Novelty: Demands that the invention be new and not previously known or used by others, nor described in a printed publication, as stipulated under 35 U.S.C. § 102.
Non-obviousness: Introduced by the Patent Act of 1952, this requirement assesses whether the invention would have been obvious to a person skilled in the art at the time of invention.
Enablement: Mandates that the patent specification provides a clear and concise description of the invention, enabling a person skilled in the art to make and use the invention. This encompasses the written description, enablement, and best mode requirements, as outlined in 35 U.S.C. § 112.
If an idea or invention satisfies all the requirements mentioned above, then a patent will be granted.
Depending on the type of asset you wish to safeguard, you can seek different intellectual property rights.
Seek copyright protection if you want to protect your creative work, such as a book, song, painting, or software code. This legal document prohibits anyone from reproducing, distributing, performing, or displaying your creative work.
Seek trademark protection for brand names, logos, or slogans that differentiate your services or products from those of your competitors. With trademark protection, no one can use your brand name, logo, or slogans to confuse your customers, thus protecting your brand identity and consumer trust.
Seek patent protection for inventions, physical products, or designs. A patent gives the inventor exclusive rights to make, use, sell, and import the invention, typically for 20 years.
With the clarity that you need patent protection, it’s time to move forward and patent your idea.
According to the United States Patent and Trademark Office (USPTO), there are six types of patents. These types of patents are:
Utility Patent: Grants exclusive rights to inventors for new processes, machines, compositions of matter, or improvements, typically lasting up to 20 years.
Design Patent: Protects an article’s unique, ornamental design, providing exclusive rights for up to 15 years from the date of grant.
Plant Patent: Secures exclusive rights for inventors of new, asexually reproduced plant varieties, lasting up to 20 years from the filing date.
Reissue Patent: Corrects errors in previously issued patents without changing the original protection period.
Defensive Publication (DEF): Offers limited defensive protection to prevent patent infringement, replaced by Statutory Invention Registration (SIR) in 1985-86.
Statutory Invention Registration (SIR): Similar to Defensive Publication, it provides limited protection against patent infringement, which was discontinued under the America Invents Act in 2011.
Before proceeding to the patent filing stages, it’s important to understand the various types of patents and choose the one that best suits your idea.
Prepare your patent application carefully, review USPTO fees and timelines, and consider hiring a patent lawyer based on the complexity of your invention. Then, submit your application online via EFS-Web, ensuring it includes all required parts and the appropriate fee, choosing between a regular patent application (RPA) or a provisional patent application (PPA) to claim “patent pending” status.
Work with your patent examiner by promptly addressing any notifications about incomplete applications. You will have a limited time to correct deficiencies; failure to do so will result in your application being denied and returned.
If your application is accepted as complete, it will be assigned to an examiner who will review it for legal patentability.
If the examiner finds issues, you can amend your application to meet legal standards. After two rejections, you may appeal the examiner’s decision to the Patent Trial and Appeal Board (PTAB).
After patent examiner clearance, you will receive a Notice of Allowance from the USPTO. Pay the final fee, and the patent will be issued. Use tools to track citations of your patents and effectively maintain and enforce your intellectual property rights.
Yes, there’s an alternative way to patent an idea if you don’t want to follow the lengthy process mentioned above. Keep in mind that these methods are just temporary provisions and offer short-term protections. Here are some alternatives to patenting an idea:
Nondisclosure or Confidentiality Agreement (NDA): This legally binds parties to keep your idea confidential, preventing them from disclosing or using it without permission.
Trademarks: Protects brand names, logos, and symbols associated with your idea, distinguishing it in the marketplace and preventing unauthorized use.
Trade Secrets: This involves keeping your idea or process confidential to maintain a competitive edge, as long as the secret is not disclosed or independently discovered by others.
Patenting an idea demands meticulous attention to criteria like novelty and industrial applicability. Beyond legalities, patent protection fosters innovation, drives economic growth, and safeguards intellectual property rights. It’s a strategic move that ensures long-term benefits, including market exclusivity and licensing opportunities, while nurturing the future of intellectual pursuits.
Authored by- Harshdeep