Coming up with an invention or a solution to a problem that you think could be highly profitable is always exciting, especially if you believe you are the first one to come up with it.
One thing you might want to do is patent it before someone else comes up with the same thing. Yet, it is crucial to remember that you cannot patent something when it is still only an idea. You need to have developed the idea somewhat. Moving forward with your idea will probably have a cost, so consider first whether it is likely to be patentable.
How to determine if it is patentable
Four things must be true for something to be considered for a patent. Asking yourself these four questions can help you decide whether your idea meets the criteria:
- Can your idea be put into practice? If you know how it should work in theory but can never actually get it to work, then there may be nothing to patent in the eyes of the law.
- Can you explain it? The law requires you to have a “clear description of how to make and use the invention.’ If you are struggling to get the idea out of your head and onto paper, consider getting help from someone to translate your thoughts into words and pictures.
- Is it as much of a breakthrough as you think? If patent examiners believe your invention is obvious, and that it’s just a matter of time before someone else arrives at the same conclusion as you, then they may not consider it patentable.
- Is it definitely new? You can only patent something novel. Just because you have not seen it on the market, that doesn’t mean it doesn’t already exist somewhere. You need to do a thorough check to determine whether a patent or provisional patent already exists or has been requested by someone for something so similar to what you have in mind that it would prevent you from getting one.
Understanding how to check everything thoroughly and present your application is essential when you hope to apply for a patent. It’s a complex area of law, which is why seeking experienced legal guidance for the patent application process will increase your chance of success.