Patenting Your Idea
To give you an idea of what patenting an invention could involve, our brief introduction to the process offers basic information for general educational purposes only -- it is not intended as legal advice. Official answers to questions should be directed to the U.S. PatentAndTrademarkOffice (PTO), an agency of the U.S. Department of Commerce. A patent application is a complex legal document, best prepared by one trained to draft such documents. We highly recommend consulting with legal counsel.
See also: PatentInformation
What is a patent?
A patent is a grant issued by the Patent and Trademark Office giving inventors the right to exclude others from making, using, or selling their invention in the United States. In exchange for this grant, the inventors must disclose their invention to the public in the form of a patent application. A patent does not grant inventors the right to make, use, sell, or import their inventions -- only to exclude others from doing so.
What can be patented?
Patents are issued to any person who invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement to an already patented invention. Practically anything made by humans, subject to the conditions and requirements of the law, is patentable. A patent is granted upon the invention, not upon merely the idea or suggestion of a new invention.
Is my idea patentable?
In order to be patented, an invention must be considered new. An invention is considered new unless any of the following applied before it was invented:
- it was known or used by others in the U.S.
- it was patented in the U.S. or foreign country
- it was described in a printed publication in the U.S. or foreign country
Or, an invention is considered new unless any of the following apply more than one year prior to the date of a patent application:
- it was patented in the U.S. or foreign country
- it was described in a printed publication in the U.S. or foreign country
- it was in public use or on sale in the U.S.
A patentable invention must also be considered useful, which means it must perform a function and do what it is intended to do.
Furthermore, an invention must give new and non-obvious results compared to known approaches. For example, substituting one material for another in an invention or changing its size are ordinarily not grounds for patentability.
Determining if your idea is patentable is a complex process, best conducted under careful legal counsel.
How do I conduct a patent search?
Conducting a patent search is an exacting process, and an experienced patent agent or lawyer would offer the most comprehensive and thorough search. If you want to conduct a preliminary search on your own before you consult a lawyer, you may want to visit the PatentAndTrademarkOffice, which has made online searching of its database available to the public for no charge.
How do I apply for a patent?
Drafting a patent application is extremely complex, and a painstakingly thorough patent is needed to provide adequate protection for an invention. The PatentAndTrademarkOffice is a good source for general questions, but an experienced patent lawyer is recommended to be sure.
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