A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problem.
While ideas alone cannot be patented, you can obtain a patent on an invention that was developed from an idea. Note this: if you pursue a patent, an invention must be actually produced, or at minimum, a detailed description of the invention has to be included with the patent application.
With a granted patent, you gain exclusive rights, preventing direct competition and enabling you to monetize your invention through licensing, selling, or building a business around it. Without a patent, competitors can copy your innovative solution, potentially leading to lost market share and profits.
In United States patent law, a method, also called "process", is one of the four principal categories of things that may be patented through "utility patents". The other three are a machine, an article of manufacture (also termed a manufacture), and a composition of matter.
So, let's get started. Step 1: Idea incubation phase. Step 2: Patentability search (optional step) ... Step 3: Patent drafting/writing. Step 4: Filing patent application. Step 5: Publication of application. Step 6: Request for examination (RFE) ... Step 7: Response to objections. Step 8: Grant of patent.
For instance, while a material may conventionally be used as a structural material, its use as a refractory material, or its use as a dielectric material in an electronic device, may be patentable.
While it is impossible to patent an existing product, it certainly is feasible to patent an improvement over an existing product. Below we discuss how non-obvious improvements to an existing product can be patented.
In general, patent law only allows for the protection of new, useful, and non-obvious inventions. Thus, if your new use for an existing product is not novel or obvious, it may not be eligible for patent protection.
Technically, it is possible to patent a new use of an existing product. Realistically, it might not be worth applying because you would have to show that the new use is nonobvious. Even if you believe your use to spectacularly nonobvious, expect an uphill battle.
Technically, it is possible to patent a new use of an existing product. Realistically, it might not be worth applying because you would have to show that the new use is nonobvious. Even if you believe your use to spectacularly nonobvious, expect an uphill battle.