Patents are the legal rights provided by the government to an individual for an innovative product or idea which can be transmitted or transformed into a money raising strategy or could be beneficial for the development of economy. however there is one most important question which is needed to be answered. “can you patent an idea”.
Often when clients visit their patent attorney they question “can you patent an idea?” The answer of it is quite complex but the usual answer of the attorney is “it depends”! To know if you can patent an idea, it is necessary to understand the type of idea for which you can fill a patent application.
There are mainly two types of ideas for which patent application can be filled:
1) Concrete ideas: – concrete ideas are those which can be given a tangible shape and design like machine.
2) Abstract idea: – abstract ideas are those which can’t have a tangible outcome like a formula to gauge the movement of share market.
As per Section 101 of the United Sates Patent Act, one can patent a substance which is “new and useful process, machine, manufactured or composition of matter”. An abstract idea is counted as a process and thus it has 50% chances of receiving patent. However, before you decide to fill the patent application form and make sure that:-
1) Your idea should be detailed and shouldn’t be a vague idea about something.
2) Your idea is capable of bringing in money.
3) It shouldn’t be a pure abstract idea like a mathematical formula.
4) It should not be a personal belief which can’t be proved through scientific reasoning.
5) According to the Section 112 of the United States Patent Act, an idea should allow “a person skilled in the art” to “make and use” the outcome of the idea or invention.
Unless and until you idea is capable of enabling a skilled person to use it, you can patent an idea.
There is a special provision for ‘Enabling Requirement’, do go through it as it answer the question “can you patent an idea”. After reading all the details and procedure of patenting as yourself: – ‘can you patent an idea?’ knowing the answer act accordingly.
Be swift and smart in applying for the patent as any delay could make you lose the patent right. Ideas are intangible and therefore hard to protect from being copied. Anyone can come up with an idea similar to that of yours. So do take vita steps at right time without any delay. As you never know when you reach patent examiner’s office someone might have already got a patent on the same idea. Hope you get your idea patent at right time. All the best for your idea hope you get it patented.