Legal Law

Can you patent an idea? An important question that needed an answer

Patents are the legal rights granted by the government to an individual on an innovative product or idea that can be transmitted or transformed into a money-raising strategy or could be beneficial for the development of the economy. however, there is a very important question that must be answered. “Can you patent an idea?”

Often times when clients visit their patent attorney they ask “can you patent an idea?” The answer is quite complex, but the usual answer of the lawyer is “it depends”! To know if you can patent an idea, you need to understand the type of idea for which you can fill out a patent application.

There are mainly two types of ideas for which the patent application can be completed:

1) Concrete ideas: – Concrete ideas are those that can be given a tangible shape and design like a machine.

2) Abstract idea: – Abstract ideas are those that cannot have a tangible result as a formula to measure the movement of the stock market.

Under Section 101 of the United States Patent Law, a substance can be patented that is “a new and useful process, machine, manufacture, or composition of matter.” An abstract idea is counted as a process and therefore has a 50% chance of receiving a patent. However, before deciding to fill out the patent application form, make sure that: –

1) Your idea should be detailed and should not be a vague idea about something.

2) Your idea is capable of generating income.

3) It should not be a purely abstract idea like a mathematical formula.

4) It should not be a personal belief that cannot be proven by scientific reasoning.

5) According to Section 112 of the United States Patent Law, an idea should allow “a person skilled in the art” to “make and use” the result of the idea or invention.

Unless and until your idea is capable of being used by a trained person, you can patent an idea.

There is a special provision for the ‘Enabling Requirement’, please review it while answering the question “Can you patent an idea?” After reading all the details and the patenting procedure as yourself: – ‘can you patent an idea?’ knowing the answer act accordingly.

Be quick and smart when applying for the patent, as any delay could cause you to lose the patent right. Ideas are intangible and therefore difficult to protect from being copied. Anyone can have an idea similar to yours. So take vita steps at the right time and without delay. Since you never know, when you arrive at the patent examiner’s office, someone may have already obtained a patent on the same idea. I hope you get the patent for your idea at the right time. All the best for your idea, I hope you patent it.

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