Protecting an Thought: Can I Patent It?

The quick reply to the query is “No.” Ideas by themselves aren’t something you can patent. Nevertheless, you possibly can patent something that makes an impact in the real world. When most individuals mention patents, they’re talking about what the legal profession knows as a utility patent. Protecting an thought with a utility patent may be finished in four particular cases:

When you develop a process that combines steps or strategies

For those who create a machine

In the event you mix materials to make something fully new

If you happen to create a drug or a compound that is not like anything anybody else has ever seen

If you fit any certainly one of these classes, you may apply for a patent to protect an idea.

The Delineations of What Will be Patented

When protecting an thought, certain things are prime candidates for a patent. However, each patent should follow particular stipulations, such as:

The patents you develop cannot be too abstract. For example, should you come up with a selected equation, it can’t be patented by itself. If the equation is used in a process, the process might be patented.

Patents don’t cover natural discoveries. For instance, an explorer within the Bwindi Impenetrable forest cannot patent a rare flower he/she may discovered. However, if he/she takes that flower back to the lab and crosses it with another rare flower present in a unique a part of the world and efficiently creates a new hybrid flower from it. Then, he/she will be able to patent the hybrid flower because it did not exist in nature, and will have only happened by human intervention.

It is advisable to have a scope for your patent. If considered one of your discoveries has the potential to do something, unless you can prove that it might be completed, your patent should not allude to those strategies as facts.

Requirements for a Patent

Protecting an thought with a patent additionally carries some other stipulations in addition to what was mentioned above. Patents have to be novel and non-obvious. If an concept is a novel one, it means that no one has ever come up with it before. It should have never been described in a publication or one other patent beforehand filed. A non-obvious invention is one which is not instantly apparent to anybody who sees it. There have to be a new factor to combining the options that make up your invention, or how these elements are combined.

What About If Another Similar Merchandise Exists?

In case your invention or thought isn’t novel, then you could have just a few recourses:

Fight it: If the opposite invention is not designed for a similar goal or is not the same as yours, you may fight the choice if someone brings it up.

Dodge it: You do not have to solve the same problem the opposite patent did. Narrow down your idea, and you will manage to avoid running afoul of their concept.

Accept it: Sometimes, you just find yourself inventing something that already exists. You must accept it and go back to the drawing board.

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