Definition
A government authority or licence conferring a right or title for a set period, especially the sole right to exclude others from making, using, or selling an invention.
In principle, a Patent on your invention will help prevent others from copying it. It gives you the right to legally sue the company/individual that uses your patent in part or full.
Although Patent seems a valid step, most inventor or even organisations don’t explore this. This is mostly due to cost implications or sometimes due to just ignorance without realising the lucrative value of Patents or failing to understand how patents improve the company’s evaluation by hundreds of thousands or even millions of dollars.
Most steps of an Invention can be achieved by the inventor’s inherent or acquired skills. However, when it comes to applying for a Patent, it needs a qualified patent attorney to write the application and guide you through the process.
Note: No patent attorney will guarantee you a grant of you patent since the patent examination process is so stringent that very few applications are granted a patent. It could take up to four years from a “Patent-Pending” to reach a “Patent Granted” status.
A government authority or licence conferring a right or title for a set period, especially the sole right to exclude others from making, using, or selling an invention.
In principle, a Patent on your invention will help prevent others from copying it. It gives you the right to legally sue the company/individual that uses your patent in part or full.
Although Patent seems a valid step, most inventor or even organisations don’t explore this. This is mostly due to cost implications or sometimes due to just ignorance without realising the lucrative value of Patents or failing to understand how patents improve the company’s evaluation by hundreds of thousands or even millions of dollars.
Most steps of an Invention can be achieved by the inventor’s inherent or acquired skills. However, when it comes to applying for a Patent, it needs a qualified patent attorney to write the application and guide you through the process.
Note: No patent attorney will guarantee you a grant of you patent since the patent examination process is so stringent that very few applications are granted a patent. It could take up to four years from a “Patent-Pending” to reach a “Patent Granted” status.
What can be Patented?
For an invention to qualify for a patent there are several factors to fulfil.
Novel
The invention has to new / novel i.e. not be known or used before. USPTO guidelines requirement states the invention should not have been patented before, described in printed publication or a product in sale over a year in the country of application.
Utility
The invention has to be useful now or have a potential for use in the future. Patentable subject matter includes Machine or processes, equipment, software, medicine etc.
Non-Obvious
The invention should not just be the next logical step of an existing patent. The varying opinion on the non-obviousness from one patent examiner to another makes it the most argued point in patent application.
Non-Disclosure
The invention should not have disclosed anywhere in the public domain prior to patent application. If it has already been presented to public the patent will be denied. However, an internal discussion in a company or organisation is not considered a public space.
Novel
The invention has to new / novel i.e. not be known or used before. USPTO guidelines requirement states the invention should not have been patented before, described in printed publication or a product in sale over a year in the country of application.
Utility
The invention has to be useful now or have a potential for use in the future. Patentable subject matter includes Machine or processes, equipment, software, medicine etc.
Non-Obvious
The invention should not just be the next logical step of an existing patent. The varying opinion on the non-obviousness from one patent examiner to another makes it the most argued point in patent application.
Non-Disclosure
The invention should not have disclosed anywhere in the public domain prior to patent application. If it has already been presented to public the patent will be denied. However, an internal discussion in a company or organisation is not considered a public space.
What can not be Patented?
Its very important to make sure your inventions doesn’t fall into one of these to qualify as patentable
An Idea
Just an Idea of doing something without an actual process or product design can not be patented.
A Discovery
For example a Scientific Theory or Mathematical method can only be published and not patented.
Techniques
Just a method or technique of doing something doesn’t qualify for patent.
Nature
The laws of nature, naturally occurring phenomenon, human physiology etc can not be patented.
Life saving
A medical or surgical therapeutic treatment or diagnosis that could be applied on humans and animals can not be patented.
An Improvement
A slightly altered step or improvement in a process is not patentable.
Illegal or Dangerous
Self explanatory terms.
Every country has its own rules and regulations on patenting which is worth looking into before you apply. A good patent attorney may help make this clearer to you.
An Idea
Just an Idea of doing something without an actual process or product design can not be patented.
A Discovery
For example a Scientific Theory or Mathematical method can only be published and not patented.
Techniques
Just a method or technique of doing something doesn’t qualify for patent.
Nature
The laws of nature, naturally occurring phenomenon, human physiology etc can not be patented.
Life saving
A medical or surgical therapeutic treatment or diagnosis that could be applied on humans and animals can not be patented.
An Improvement
A slightly altered step or improvement in a process is not patentable.
Illegal or Dangerous
Self explanatory terms.
Every country has its own rules and regulations on patenting which is worth looking into before you apply. A good patent attorney may help make this clearer to you.
Types of Patents
Utility Patent
How it works.
An Invention that has a use and works. Machines, processes, manufacturing, electrical, chemical and compositions all fall into these areas.
Example: Tesla Motors patents by Elon Musk (however, now made publicly available for use by everyone)
Design Patent
How it looks.
A completely aesthetic or ornamental uniqueness without describing its use.
Example: Design of Iphone or Ipad (helped win legal fight against Samsung)
Drug Patent
Millions spent on drug research and often taking decades in the testing does require a patent to protect the years of work.
Example: Viagra from Pfizer (patent expires 2020)
Plant Patent
Asexual reproduction to produce a new and distinct variety of plant. Without use of natural method of plants like seed but instead by grafting, budding, layering etc.
Example: Smooth Angel Rose, a plant patented by Henry Davidson of Orinda, California.
Software Patent
Software inventions were once considered just a process and wasn’t an invention until recently that it has shown ground breaking improvement in human functioning and interaction. Hence many countries have already and some are in process of opening up to software patents.
Example: Big tech companies like Apple, Intel, IBM, Microsoft etc now file hundreds of patents each year since they have realised the value of them in legal battles and also to boost up the value of the company.
Patent: Is it worth it?
As we shall discuss in next section, with the costs involved in the lengthy process of patenting, the question pops up in the mind of every inventor or organisation; Is it worth it?
The answer is..
Yes, if you have a product ready to go to the market or in the making.
Yes, if you have a competition fierce enough to push you to build a fort to protect your business
No, if your invention doesn’t fit the criteria of what can be patented.
No, if you think you lack the funds to support the expensive patenting process.
Thousands of patents exist in today’s world but only a handful have materialised to meaningful products that improve humanity. Many great ideas did become a success without a patent and several inventors lost millions because they failed to protect their inventions.
The answer is..
Yes, if you have a product ready to go to the market or in the making.
Yes, if you have a competition fierce enough to push you to build a fort to protect your business
No, if your invention doesn’t fit the criteria of what can be patented.
No, if you think you lack the funds to support the expensive patenting process.
Thousands of patents exist in today’s world but only a handful have materialised to meaningful products that improve humanity. Many great ideas did become a success without a patent and several inventors lost millions because they failed to protect their inventions.