The brief reply to the question is “No.” Ideas by themselves aren’t something that you may patent. However, you may patent something that makes an impact within the real world. When most individuals point out patents, they’re talking about what the authorized profession knows as a utility patent. Protecting an idea with a utility patent could be executed in 4 particular cases:
If you happen to develop a process that combines steps or methods
When you create a machine
In case you combine supplies to make something utterly new
Should you create a drug or a compound that is not like anything anybody else has ever seen
In the event you fit any one in all these classes, you possibly can apply for a patent to protect an idea.
The Delineations of What Will be Patented
When protecting an concept, certain things are prime candidates for a patent. However, every patent must comply with particular stipulations, comparable to:
The patents you develop cannot be too abstract. For example, when you come up with a particular equation, it cannot be patented by itself. If the equation is used in a process, the process may be patented.
Patents do not cover natural discoveries. For instance, an explorer in the Bwindi Impenetrable forest cannot patent a uncommon flower he/she may discovered. Nonetheless, if he/she takes that flower back to the lab and crosses it with one other rare flower present in a special part of the world and efficiently creates a new hybrid flower from it. Then, he/she will patent the hybrid flower because it didn’t exist in nature, and will have only happened by human intervention.
It’s essential to have a scope to your patent. If considered one of your discoveries has the potential to do something, unless you may prove that it can be executed, your patent shouldn’t allude to these solutions as facts.
Requirements for a Patent
Protecting an idea with a patent additionally carries another stipulations in addition to what was mentioned above. Patents need to be novel and non-obvious. If an concept is a novel one, it implies that no one has ever come up with it before. It will need to have by no means been described in a publication or another patent previously filed. A non-obvious invention is one that isn’t immediately apparent to anyone who sees it. There have to be a new aspect to combining the features that make up your invention, or how those facets are combined.
What About If Another Related Item Exists?
In case your invention or concept isn’t novel, then you have just a few recourses:
Battle it: If the other invention isn’t designed for a similar goal or is not the identical as yours, you possibly can struggle the decision if somebody brings it up.
Dodge it: You do not have to resolve the identical problem the other patent did. Narrow down your concept, and you’ll handle to keep away from running afoul of their concept.
Accept it: Generally, you just end up inventing something that already exists. You have to accept it and go back to the drawing board.
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