Patenting an Idea: 101

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Ideas are freely moving and they could be conceptualized by anyone, the right ideas are valuable and people pay just to get information.

For this reason, there is a need to patent the ideas that have the potential to earn thousands of dollars, a brilliant idea has to be protected, and getting a patent is one sure way to do that, a patent serves as a protection for the person who has conceptualized the idea. It will prevent others from offering the ideas and selling them, the patent can work for a certain country where the idea is registered from.


What ideas qualify for a patent?

Only ideas that are useful will be allowed for patent, there has to be a physical product or material process that will go into it, not every idea can be patented, there is a certain requirement or qualification before any invention can be patented. It will undergo testing, and if it passes three tests that is the time it will be allowed for patenting.

In order to qualify, it must not be something that others can easily think of, patents could be used for processes that will involve creating or building a new type of structure, it could be used for new engineering ideas, the idea has to be useful and could be used into practical use.

What is the process involved?

Before getting patented, there is a need to apply first, there are certain rules and regulations that should be followed when an idea is being patented, the creator of the idea can assign the invention to another person and the rights of the patent can be issued to them.

Once the original creator dies, they can leave the rights to their legal representatives, and there will be an executor, they could re-apply for the patent, if the idea was conceptualized by two or more people, then they could file for joint patent.

There are thousands of ideas that have already been patented; the idea filed for patenting will undergo further research in order to make sure that the idea has not yet been patented; there are some old ideas that could be re-patented, if no one owns them, in order to avail of the patent, it is also a must to get legal help, there is a need to get legal assistance; a patent attorney can be of assistance.

Unlike other attorneys with other field specializations, patent attorneys specialize on the technical and scientific aspect of patenting laws, the patents could become expensive, and some could not afford the process, therefore, finding legal help could become necessary, low income applicants can find protection under the law.In the United States for example, the USPTOprovides assistance programs that could help low income inventors to avail of patents.Pro bono legal help could also be availed through law firms, in order to seek guidance in applying for the patent.

Preparation when applying for a patent:

There are three basic types of patents

The patent would protect the ornamental design, the visual elements for the item and the materials used to manufacture the item and this is considered as an ornamental patent.

There are other types of patents like plant patents, if a new plant species is discovered, or a new specie has been created asexually then this could be patented.

Utility patents can also be used, and this could be in the form of inventions, machines that would involve hand tools, kitchen appliances as well as engines.

It should be noted, that not everyone who applies for a patent would be granted.

There are cases where in provisional patents could only be given, this provisional right provides an early filing date for those who are applying for patents.'

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