Protecting an Concept: Can I Patent It?
The short reply to the query is "No." Ideas by themselves aren't something that you would be able to patent. Nevertheless, you'll be able to patent something that makes an impact in the real world. When most people mention patents, they're talking about what the legal profession knows as a utility patent. Protecting an concept with a utility patent might be carried out in 4 specific cases:
In the event you develop a process that combines steps or methods
In case you create a machine
For those who combine materials to make something completely new
Should you create a drug or a compound that isn't like anything anybody else has ever seen
If you fit any considered one of these classes, you can apply for a patent to protect an idea.
The Delineations of What May be Patented
When protecting an idea, certain things are prime candidates for a patent. Nevertheless, every patent should observe particular stipulations, reminiscent of:
The patents you develop can't be too abstract. For instance, for those who come up with a selected equation, it can't be patented by itself. If the equation is utilized in a process, the process might be patented.
Patents don't cover natural discoveries. For example, 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 uncommon flower found in a unique part of the world and successfully creates a new hybrid flower from it. Then, he/she will be able to patent the hybrid flower because it didn't exist in nature, and will have only occurred by human intervention.
It's good to have a scope on your patent. If one among your discoveries has the potential to do something, unless you possibly can prove that it could be achieved, your patent should not allude to these solutions as facts.
Requirements for a Patent
Protecting an concept with a patent also carries another stipulations in addition to what was talked about above. Patents must be novel and non-obvious. If an thought is a novel one, it means 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 which is not immediately apparent to anyone who sees it. There have to be a new component to combining the options that make up your invention, or how these features are combined.
What About If Another Comparable Item Exists?
In case your invention or idea is not novel, then you've got just a few recourses:
Struggle it: If the opposite invention isn't designed for a similar goal or is not the same as yours, you may struggle the choice if someone brings it up.
Dodge it: You do not have to resolve the same problem the opposite patent did. Slim down your idea, and you'll handle to avoid running afoul of their concept.
Settle for it: Typically, you just end up inventing something that already exists. You must settle for it and go back to the drawing board.
If you have any concerns relating to in which and how to use Software, you can get hold of us at our own web site.
Forum Role: Participant
Topics Started: 0
Replies Created: 0