A person or company simply needs to extend the concept so that it has drawings that qualify for a patent. The federal government wants to encourage innovation. It grants patents so that people and businesses can profit from their inventions. The problem with this goal is that many people want patents.
A patent is a powerful tool that gives the owner certain rights and privileges. The government has to make sure that a vague claim doesn't get a patent. A successful applicant must meet set guidelines to earn a patent. Many of these rules prevent the patenting of an idea due to their rigidity. Any application that cannot meet all four of these criteria will ultimately fail. Even if your invention fails ones of these criteria at first, though, you can take steps to correct the problem before filing for a patent.
For instance, during your patent search, you might discover prior art other inventions that seem similar or identical to yours. In that case, you can argue that your invention is fundamentally different in some way or narrow the focus of your application to cover only what makes your invention unique.
Three types of patents are available to an applicant. One is much more powerful and popular than the other two. The vast majority of granted patents are utility patents. In , almost , out of roughly , patents granted were utility patents. Many innovations worthy of utility patents don't fall into a single category. For example, many new products are also machines. Also, many new compositions of matter are also manufactures. You can use these four categories to define whether you have an idea or an invention.
If you can list your idea in one or more of the utility patent categories, you have an innovation worthy of a patent. If your idea doesn't fit into any of the categories, it's still an idea. You must add more detail to grow it into a design worthy of a utility patent. Inventions can be patented. Ideas cannot be patented. You just need to get from the idea that inevitably begins the process to an invention, which is the culmination of the innovation part of the journey. And once the culmination of the innovation journey is realized then it becomes time to file a patent application.
As one contemplates moving from idea to invention to patent and ultimately, hopefully riches, a dose of reality is in order. First, stop thinking you will get rich by selling your idea to industry and sitting back and collecting royalty checks for doing nothing. That may be what late-night TV commercials want you to believe, but it is not reality.
If inventing were as easy as thinking up an idea and riches would follow practically everyone would be a rich inventor! Ideas are a dime a dozen.
They are valuable because they are a necessary part of the innovation journey, but it is not the idea in and of itself that creates monetary value, rather the valuable proposition inventors provide those interested in buying or licensing invention rights is found in the solution. Inventors make money by identifying a problem, formulating an idea about how that problem can be solved, and then creating a solution. For example, the observation that using a snow shovel to clear snow is a back-breaking endeavor is obvious to anyone who has ever shoveled snow.
The desire or belief that there has to be a better way to remove snow from a residential driveway is likewise not revolutionary, or particularly valuable. But if you were the first person actually able to build a mechanized solution that would throw or blow the snow off a driveway you would have an invention that could be patented, and one that could be quite valuable in the hands of the right licensee.
Perhaps royalty checks would roll in, but would it be for doing nothing? That mailbox income that might show up every quarter for years is attributed to the work done to create a valuable solution to the problem. The idea matured into an identifiable manifestation that was valuable in the hands of another. Essentially, what inventors need to do is identify a problem, formulate the idea and then work toward finding a solution.
The above example of a snow blower is an illustration of a common inventive idea becoming a reality by identifying a task that can be made easier with a new device. The snow blower pictured here was patented on November 25, and is titled Snow Blower Safety Chute. The improvement here is with respect to element 22, the safety chute.
The patent explains that despite manufacturer warnings people injure themselves every year because when they attempt to clean out the compacted snow from the discharge chute, they do not stop the engine. The idea was to create a chute that could be safely cleared while the engine was still running. The solution was the use of prongs extending downward into a portion of the chute, which could be manipulated by the user to loosen the packed snow safely while the engine was still running.
The valuable proposition is the solution to the problem, not the identification of the problem, which the manufacturers knew about because warnings not to clear the discharge chute with the engine running were included. For most people that is as far as they get, but inventors will go farther, but sometimes will still find themselves getting stuck in the idea phase. Many good many inventors will become stuck in the idea phase from time to time, so if that is where you are you are not alone.
First, it may surprise you to learn that you just think you are stuck in the idea phase and you might actually have an invention without even knowing it yet. United States patent laws do not require you to have a prototype in order to apply for a patent, all that is required is that you be able to describe the invention so that others could make and use it.
So, while you do need to have some kind of identifiable manifestation, you can start by proving your concept on paper. With some guidance to coax out your idea you might actually have more than you think. For example, with the help of someone familiar with CAD and can help you create detailed 2D drawings and 3D renderings of what you are thinking about, you might soon realize you have an invention and not a mere idea. For example, Enhance Product Development works with inventors to help them turn their inventions into reality, but they also work with those who are on the path toward becoming inventors and who need help at the ideation or concept stage.
Many people will have great ideas, but what separates those who can turn their ideas into money from those who cannot is a strategy to define the idea with enough specificity so that it can become an asset that can ultimately be protected. To profit from your idea you must package it so that it is something the law will recognize as protectable.
Arrangement or re-arrangement of known substances: If two substances or devices or techniques which are known and work independently as separate units are arranged or rearranged for the functioning, such arrangement shall not be patented.
A torch if attached on a mug or television, will not be patented. However, if the arrangement in question results in a complete different use of the combined product, it is eligible to be granted a patent. Agriculture and horticulture: A technique for cultivation and agriculture cannot be patented. For example, a new type of soil, or a new technique to cultivate crops or food grains cannot be granted patent. Medical processes: Any medical, curative, surgical or therapeutic process or treatment of humans or a similar process or treatment for animals, which is been made to cure them or prevent them from disease or to increase their economic value cannot be patented.
It is to be noted that processes in this case is not considered as an invention and hence is not entitled to be patented. For instance, process of a heart surgery or kidney transplant is not patentable. Plants and animals: Apart from the micro-organisms but including the species, seeds and other essential sexual and asexual modes and methods of reproduction and propagation is not patentable. Mathematical methods and computer programs: Any kind of mathematical process, algorithms, a business method or a computer program cannot be patented.
A computer program can be given a copyright as a 'literary or artistic work', but the same cannot be patented. Literary and artistic work: All types of literary, musical, artistic or other aesthetic creation including cinematography and television production which comes within the ambit of the Copyrights Act, gets excluded from the scope of being patented.
Method of solving a puzzle and likewise, which is a process or rule of playing a game or a mental act cannot be patented. Topography and traditional knowledge: Presentations be it audio or visual is not patented.
Topography of any circuit cannot be granted patent. Traditional knowledge or accrual of traditionally known components is not patentable, unless such knowledge is modified to become a new process or product which is unique and non-obvious.
Invention out of atomic energy: Section 4 of the Patent Act specifically excludes all the inventions coming within Sec 20 1 of Atomic Energy Act, This is done for the safety and welfare of the public at large as if atomic activities are allowed patent grants, it can be misused and the same can result to be disastrous for people at large.
Section 10 of the Patent Act provides for some essential specifications which must be provided in the application for patent. One of such specification is the preamble. In case of a provisional application, the preamble starts with 'the following specification describes the invention' and the preamble of the complete application reads as 'the following specification particularly describes the invention and the manner in which it is to be performed.
Considering the same, it can be said that, if an idea has the potential to be performed and one has the method and process for its working, in this case, the idea has the possibility of changing into an invention and thereby can be applied for a patent through a provisional application. For the reason of a mandate disclosure of best mode of performance of invention to be mentioned in the complete application, the idea can be described and filed for patent through provisional application and subsequently one can work a way out with a technique for its performance, within 12 months of filing provisional application and then the complete application may be filed.
However, it is to be noted that on failure of filing complete application within the stipulated period, the provisional application may be rejected and be held invalid on the grounds of insufficient description of the invention or the method. For an instance, a person has an idea of making a mobile application cyber threat warning system and has prowess to convert the thought into an invention.
In such situation, the person may file a provisional application for grant of patent by describing his idea of the application and later within a period of 12 months may file a complete application also describing the mode and process of performance of such invention.
Failure of submission of complete application may amount to invalidation of the application. With reference to above discussion, it can be said that an idea can be patented if it can later be transformed into an invention.
An inventor can file for patent for his idea initially, but he must analyse his idea whether it has the capability to be performed or not. If the idea lacks the capacity of performance, the application shall be rejected and patent cannot be granted. Hence, for an idea to be filed in a patent application, it is essential that the idea must not be vague but substantive enough to become an asset later, provided the mode of perfo rmance of the invention is available and possible.
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It is also part of the information that we share to our content providers "Contributors" who contribute Content for free for your use. Learn More Accept. Intellectual Property. India: Can Ideas Be Patented? Your LinkedIn Connections with the authors. To print this article, all you need is to be registered or login on Mondaq. Introduction Patentability of an idea is one of the controversial topics faced during the grant of patents. Patent Patent is a kind of intellectual property that grants certain legal rights to the owner of such IP against the unauthorised selling, using, making or sharing of any of his work or invention for a limited period of time.
Types of Patent [1] 1. Utility Patent It is the most common type of a patent and covers all new inventions and significant modification and improved process or product, having some utility. Design Patent An exclusive right providing legal protectionto the ornamental design of a useful product is granted under the design patent.
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