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Patent Information » Patentability

Can You Patent an Idea?

The short answer to this question is ... no. You really can't patent ideas.

But it may not be time to go back to the drawing board just yet. All great inventions begin with ideas. Keep reading to learn more...


'How to Patent an Idea' - Possible?

As stated above, you really can't patent an idea. The difference between an idea and a real invention is that the ideas don't just stop. Once you have your idea, you will need to work toward creating your invention. If you stop with the idea, then it most certainly will not be eligible for a patent. If you pursue your idea to a finished, working invention, then you may be able to gain a patent on it.

In order to move from your idea to an invention, all that's really necessary is the ability to explain to someone else how to create and use your invention. That will mean you will need to put your idea into a fully functioning invention (which is called reducing it to practice).

Ideas can be freely taken by others, so it's wise to keep your idea secret until you work it through to the invention stage and file a patent. If you need to express your idea to another party in order to get the help you need, you should do so after they sign a confidentiality agreement. This agreement serves as a contract between you and the party you share your idea with.

When you come up with your idea, the best thing to do if you wish to move forward is start a preliminary patent search. You can do this on your own by looking through the USPTO website and using other internet based tools. Review our patent search tutorials for more information.

You'll also want to research the market. Obviously, you want to make money from your idea so you need to see if it fills a void in the marketplace. Does your idea solve any common problems? Does it work better than a popular product available today? Ask yourself these questions and if you think your idea would float as a marketable product, try to determine who your ideal market is.

It is highly recommended that you start a notebook with a section dedicated to your patent search and another section for market research. Keep similar patents in your notebook as you come across them as well as your thoughts and research on your idea's marketability.

If after running through a preliminary patent search and marketability assessment, you still think there's potential for your idea, it's time to solidify your idea and come up with an actual invention. In many cases this may mean developing a prototype. In other instances, drawings will suffice. The more solid you can make your idea, the better. This isn't just for the patent's sake, but for companies you may approach for licensing your invention.

 

 

 

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