Many people think that they need a patent to protect their inventions. But the fact is that, in some cases, you don't even need a patent to protect your idea. The first step is to ask yourself, "What exactly am I protecting?" Here are some things you can do without a patent.
1. What Inventions Can Be Patented?
To be patentable, an invention must be new and useful. In addition, the invention must fall within one of the following four categories: a process, a machine, manufacture or composition of matter, or an improvement on one of these.
What are patents?
Patents are granted for a limited period of time (usually 5 years or less) to encourage inventors to market their inventions before they are protected by other intellectual property rights.
What do patents protect?
A patent protects your original invention and the way you used it to benefit consumers, rather than your tech-transfer trade secrets. It's important to note, however, that the patent in question is almost always a tool for protecting other creative works. For example, someone making software or a website or developing a tool may require a patent to protect their ideas before they can use the patented material to make unrelated, commercial products.
Who gets a patent?
Patents are granted to a limited class of inventors called "patents holders." Patent holders are people who can show (through legal service, evidence, or both) that they are the first to use their "invention." Basically, anyone can apply for a patent. As a general rule, the more publicity you can get about your invention (particularly as a "non-practicing entity" for non-profit uses), the more likely you are to get a patent.
Who gets a patent that doesn't belong to them?
You also have the option to get a patent for purely personal uses. For example, you probably wouldn't be able to get a patent for a painting or a compilation of music, but maybe you can get a patent for your running hat. So, simply changing colors or adding a pumpkin-patterned sock to your running outfit isn't a patentable invention--but maybe playing a music-instruments-in-the-hat-to-speedup-a-marathon qualifies.
2. What Inventions Are Not Patentable?
The following are not patentable: scientific principles, laws of nature, mathematical formulas, business methods, ideas, or concepts, or similar items of intellectual property that are not patented or otherwise protectable.
Let’s start with the most obvious — physical things. Anything that can be patented has already been patented (unless it is an abstract idea that is difficult to copy and apply to). There are a few exceptions to this rule (for example, you can patent an abstract idea of a shape, like the shape of a rectangle or the shape of a cat), but the vast majority of physical things have already been patented.
Patents are one method for protecting new inventions (also known as inventions), but other legal protections also exist that can help you get certain types of patents in certain situations. For example, you may need to get an invention in order to protect your patent; to get an indirect license to use another company’s patented item; or to receive royalties on sales of your inventions.
It’s highly unlikely that you can secure a patent on an entirely new type of physical object, but you may have a better chance at doing so on certain special kinds of physical objects. For example, you could secure a patent on a method for making parts that are interchangeable, which, as instruments, all types of musical instruments are already, so you may like to apply for a patent there.
As a general rule, there are three distinct kinds of things a person may patent: natural things, abstract ideas, and structural modifications to existing objects.
Natural things like plants, animals, minerals, and natural phenomena can be patented simply because they are … well … plants, animals, minerals, and/or phenomena. A few important terms are:
Some patents are defensive, meaning they cover inventions that might be used to make or sell competing products or services.
3. How Do I Get A Patent On My Invention?
If you have an invention idea, you may be wondering how to get a patent on your invention. There are several steps to getting a patent. If you decide that you want to patent your invention, you must: 1. Do a patent search to see if your idea is already patented 2. Draft a patent application 3. Send the application to the U.K. Patent and Trademark Office 4. Wait for a response. The Patent and Trademark Office reviews applications, receives applications, and reviews applications for about 6-12 months. If you decide you want to write up your application, all of the steps listed above must be done in order to get a patent on your invention. Once you receive your decision from the Patent and Trademark Office, all you have to do is file a new application. You will next receive a Certificate of Renewal for your original application and the new application will be added to the Office’s database. If you’ve already gotten a patent, then you will not have to do any of these steps. For more information about patents, check out the U.K. Patent and Trademark Office’s website.
Jennifer Kelly is the Director of SEO at Nebo Research, a company that provides SEO services to local businesses. She also guest-blogs/freelances at various places and runs a couple hobby blogs for shits and giggles.
4. How Long Does It Take To Get A Patent?
Patents take a long time to get. In most cases you will need to fill out a lengthy application and wait a year before the US Patent Office will even decide whether or not to grant your patent. In most cases, you'll need to fill out a lengthy application and wait a year before the US Patent Office will even decide whether or not to grant your patent. Where Do Patents Provide Non-Standard Protection? As noted at the beginning of this blog post, a standard mobile operating system is not a company’s “ invented ”. It is uniquely protected by Public Patent 5,639,533 which states that: {“Claims described in and relating to the invention in the accompanying Specification are not entitled to any copyright or Patent protection. All such claims are hereby incorporated by reference in any application or document referring to the subject matter of the patent.]” Translation: The patents I have been able to get in the past are different from what I can get now. For example, my mobile operating system is not patentable because the patents in this post are for implementing a standard operating system rather than a way our API communicates with our servers. But even if you manage to get a standard operating system patented, you might still need a patent for your method for interfacing with the API for that standard operating system. (For example, Microsoft might have gotten their Win32 window system patented, but that Hippo window system is not patentable. There is more detail about the Patent Application Deadline at the bottom of that post.) Does Not Necessarily Mean The Law Can’t Help You! I’ve spoken a few times at conferences about my experience with a law student friend of mine who has done bar work. We have both also authored blog posts on the importance of speaking with a patent attorney and understanding your own jurisdiction’s laws. From reading these articles and my own experience, I have come to the conclusion that the best answer to questions of whether or not to get a patent is “it depends”. Thus, I’ll try to answer each of the questions below with a “it depends” answer.
Conclusion: The laws for patents are constantly changing, so it's best to talk with a patent attorney to make sure you get your inventions protected properly and legally! It's important that you protect your inventions, whether they are physical products or software, with a patent. The laws for patents are constantly changing, so it's best to talk with a patent attorney to make sure you get your inventions protected properly and legally.
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