Can an idea be patented? An important question that needed to be answered

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

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

There are mainly two types of ideas for which a patent application can be filed:

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

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

Under Section 101 of the United States Patent Law, a substance may be patented that is a “new and useful process, machine, fabrication, or composition of matter.” An abstract idea is counted as a process and therefore has a 50% chance of being patented. However, before you decide to fill the patent application form and 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 money.

3) It should not be a pure 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 must 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 allowing a trained person to use it, you can patent an idea.

There is a special provision for the ‘Enabling Requirement’, please review this as it answers 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 a patent, as any delay could cause you to lose your patent right. Ideas are intangible and therefore difficult to protect against copying. Anyone can have an idea similar to yours. So take the vita steps at the right time without delay. Since you never know when you arrive at the patent examiner’s office, someone else may have already obtained a patent on the same idea. I hope you get the idea patent from him at the right time. All the best for your idea, I hope you patent it.