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.
The five primary requirements for patentability are: (1) patentable subject matter; (2) utility; (3) novelty; (4) non-obviousness; and (5) enablement. Like trademarks, patents are territorial, meaning they are enforceable in a specific geographic area.
So, for a patent to be issued, your invention must meet four conditions: Able to be used (the invention must work and cannot just be a theory) A clear description of how to make and use the invention. New, or “novel” (something not done before) “Not obvious,” as related to a change to something already invented.
The Value of Patenting: Despite the costs, obtaining a patent can offer valuable protection for your invention. It gives you the exclusive right to make, use, sell, and import the product, which can be critical for a small business trying to establish itself in the market.
To file a patent in Brazil, it must be processed in The Brazilian entity of patents is the National Institute of Industrial Property (INPI). This is the official government body responsible for Industrial Property rights in Brazil being a federal autarchy of the Ministry of Industry, Foreign Trade and Services.
Your patent application must include the following: Petition. The petition is your formal request for a patent and includes. Statement of entitlement. You must provide one of the following statements. Inventor information. Abstract. Claims. Description. Drawings. Sequence listing (if applicable)
The Patent Process Determine the type of intellectual property you need. Determine if your invention is patentable. Determine what kind of patent you need. Get ready to apply. Submit your application. Work with your examiner. Receive your approval. Maintain your patent.
For a process, describe each step, what you start with, what you need to do to make the change, and the result. For a compound, include the chemical formula, the structure, and the process that could be used to make the compound. Make the description fit all possible alternatives that relate to your invention.
(1) Field of the Invention: This is a very broad description of the area of technology into which the patent falls. Traditionally, the field of the invention is stated in two sentences. The first is sort of a paraphrasing of the class definition, the second is similar to a subclass definition.