How can I get a patent? How do you patent an idea? These are extremely common questions among those who want take an idea and transform it into something that can be produced. Technically, it is impossible to “Patent an Idea” so we will explore the details of “Getting a Patent” for commercial purposes.

A Patent is a set of rights granted to an inventor or their assignee for a limited period of time in exchange of the public disclosure of the invention being patented. The right is granted by a state institution, so the protection is restricted to a geographical area (typically countries). A patent is a negative right, because it prevents others from having the right to use certain already patented technology.

Patents and the exclusive rights granted vary widely between countries or geographic areas according to national laws and international agreements. In almost all countries, a patent gives the title holder the right to prevent others from using, making, distributing or selling the patented invention without his or her permission.

How to Patent an Idea?

The patent application details depends on the county (or community area) law, but in most cases the patent application must include claims defining the invention and scope of protection granted by the patent. It is not possible to “patent an idea” as an abstract entity, so claims must cover certain topics. So, How to patent an idea? … Let’s go through the basics, step by step:

I.- Where do I want to patent my idea?

We already know that patents have geographic restrictions for the rights granted… so… Do you know where do you want to protect your patent? One option is to patent your idea locally within your country and follow the local national law.

Another possibility is to opt for a PCT, also known as an International Patent. This option is a good approach if you want to register the same patent in several countries, because the per country application process is backed up by the previous international examination process. But the main advantage of the PCT is to delay the national or regional procedures of patent application, and the respective fees and translation costs. The International Process (PCT) lasts about 30 months, and after that the national or regional patent application starts. These stages are called International Phase and National Phase respectively.

If you need to register in several countries it might be a good idea to be assisted by International Patent Attorneys due to the fact that you will need to follow the case in many countries at the same time. If this is the case, you should go with the pros.

II.- Patent Search

Before you apply for a patent, consider the possibility of carrying out a patentability search. This will save you time and money, if, for example, there is a previously granted patent similar to your idea. There are some online tools to explore granted patents in some regions:

United States Patent Search (Provided by Google) or USPTO Search

Europe’s Network of Patent Database

International Patents Applications at WIPO

III.- Market Research

Don’t get excited about your invention and future success without carrying out market research. Find a market for your product, and be sure that there is a demand for a certain need that is supplied by your invention. Remember, no one wants something that they don´t need!

IV.- Build a Prototype

In this stage you should face the fact of production: it must be doable. An expensive prototype is not needed, but the important part is to face the challenge of transforming that idea into a working model. It’s also a great opportunity to find industrial partners that might be involved in the production process, such us raw material suppliers and trained labor assets.

V.- Filling a Patent Application

First, you should know that this is going to take time and money… so be patient. If you can’t afford the process, it might be a good idea to raise some capital. The best way to do this is to create your enterprise and then go for Angel Investors. In this article we do not go into the details of Capital Raising nor do we go into the details of specific fees for different countries and regions, because there is no standard.

Second, you should learn the patent process in detail and be aware of the important dates. Also, it’s important to join a group that has knowledge about Intellectual Property, such as patent attorneys, technical drawers, technical translators, etc.

If you have the money for the process and the Know How about it, you are on the right path to step into the filing process. The application should include technical descriptions, drawings and detailed data about the invention.

A successful application for a patent must include claims demonstrating several requirements:

1. PATENTABLE: The laws of different countries suggest that certain subject matter is or is not eligible for patent protection. Before you fill out an application, you should be sure that the region where you are applying accepts that “subject matter”. For example, it is possible to patent specific pieces of software in the United States, but it is not possible to patent the same software in India, because each country defines their group of “subjects matter” differently.

2. NOVELTY: The laws force a patent candidate to be a “Novel”. This is a very important requirement because it can send your patent idea to the trash can. By “novel” the law understands that the invention has not yet been presented to the public. In some countries such as the United States or Canada there is a grace period if, for some reason, the invention has been disclosed before the filing date. In other areas, such as European countries, no matter what the reason, the invention cannot be public before the patent filing date because it loses its “novelty”.

3. NON-OBVIOUS or INVENTIVE STEP: These phrases point to the same principle and are used in a slightly different manner depending on the countries laws. The main principle behind this requirement is that a successful patent application should include notorious improvements over the closest approved patent. This process is reviewed for technical commissions according to the needs and scope of the patent application.

4. USEFUL or SUSCEPTIBLE OF INDUSTRIAL APPLICATION: Again these phrases refer to the same principle, and this is the functionality and capability of transforming an idea into an object. For example, in the U.S. the focus is on functionality or usefulness: it must work and do what it says it will do. On the other hand, under European Law, the focus is on the viability of the production process and the potential industrial application of the invention. But in the end, these principles refer to the same thing: An invention must be “constructible” and “work correctly”.

So, we reviewed all the steps, from an abstract idea to a working patent application. The steps in between are challenging, but if you manage to go through them you’ll end up with a patent with potential for commercial success. After these long steps, start exploiting some industry contacts and step into the production and commercialization process. You might be the new Edison.

If you decide that professional assistance will benefit your project, please contact our International Patent Attorneys for a safe and guided registering process.