Should You Patent all Your Ideas?

A business is often reliant on the successful introduction of inventions into the marketplace. The products and methods made from these inventions can generate thousand of dollars. It is critical that you protect your inventions. A common way to protect your product ideas is to patent them. A common question that is often asked is - "Do I need to patent all of my ideas to protect my business?" and, "Will having a patent prevent any other person or business from stealing my inventions?"

Here’s what you need to know about patenting all your inventions.

No One is Going to Steal Your Ideas

Unfortunately, ideas are a dime a dozen and many businesses are not trying to steal them. Contrary to popular belief, it is rare for another person to steal your ideas. Ideas are generally worthless unless they are executed and turned into actual products. When running a business, it is critical that this is understood. It can affect the way you run your business - from the hiring of employees, to attracting investors, to selling the product.

Patent the Invention

Ideas are not patentable, however the inventions that evolve from ideas may be patentable. You can only patent your invention if it qualifies for protection. The invention must be new, have some functionality, be innovative, and most importantly, it needs to be patentable subject matter.

For an invention to be patentable subject matter, it must be a product, a chemical, a machine or a process.

Defensive Publication

If your ideas are currently not substantial, that is you don’t have a prototype or a design draft prepared, then you can adopt a strategy of defensive publication. Also known as defensive disclosure, this is an intellectual property strategy that prevents any other entity from claiming a patent on your idea.

To execute Defensive Publication, you release a description of the novelty factor of the product into the public domain. When you have done this, the product becomes prior art. You can then proceed to file for a third party prior art, which blocks any other entity from claiming a patent on the invention. This is a risky way of blocking another party from claiming a patent on an invention as it effectively prevents you from obtaining a patent in many countries.

Should You Patent all Your Ideas?

This brings us back to the question of ‘Should you Patent all your Ideas?"

It isn’t necessary. Unless your idea has grown into an invention and you have something substantial to show, there is no real requirement or ability to protect your idea.

However, if your idea has a commonality with others. For example, you have an idea to build a new smartphone battery, because such technology has such a high demand and competition, it is recommended that you patent your invention once it has grown from a simple idea or adopt a defensive publication strategy.

For further advice, don’t hesitate to contact an Intellectual Property Lawyer or Agent.