When Can You Patent An Idea?

When it comes to patents, simply having a great idea is not enough. The Patent Office requires more than just an idea to make it a patent.

What is Required to Obtain a Patent?

Your Idea Must be New

The idea must be new to the world, unique and never-seen-before.

Your Idea Must be Useful

There should be a use or purpose to your idea.

Your Idea Must be Inventive

The idea should be innovative, perhaps break away from traditional norms, or introduce something innovative to the industry.

Your Idea Must be Substantial

The innovation can be:

• A product
• A chemical composition
• A machine
• A process

What it cannot be is an idea.

When do you Patent an Idea?

You patent an idea when you progress from an idea to an invention. When you figure out how to get from the "wouldn't it be great if" stage to the "I actually know how to make this work" stage, it is time for a patent.

Patent Documentation

From the moment that you have the idea, document it. This can be in a diary or an official document. Patent documentation has been critical in disputes where two parties have claimed that they were the first inventor.

Draw It

If it is a product or a piece of machinery, then you are required to reveal how it works. Patent drawings need to be accurate and show all of the important elements of your invention. While 3-D rendering is not usable in a patent application, it can be beneficial in completing the design of your innovation.

Refined Explanation

For an idea to truly become practicable and marketable, it needs to undergo multiple changes. It is critical that you have a detailed explanation drawn out of the idea that describes how it is put together, how it functions, what its purpose is, how it can be utilized and its basic process.

As the idea changes and is refined over time, it can be beneficial to update your explanation by including variations and improvements.

Reach out to Experts

When you are ready to file a patent application, it is often beneficial to discuss your invention with a patent agent. The patent agent will be able to assist with the preparation and filing of the patent application on your behalf and will know which questions to ask you to ensure that your invention is fully and properly described.