That is something I am often asked when telling people that I used to work as a patent examiner at the Swedish Patent Office, and how it felt like working in the forefront of technology since every day I was dealing with the latest and most challenging technical innovations where inventors wanted to get a patent.<\/p>\n\n\n\n
There is really no short answer to this simple question, and despite how often one hears on the television or radio, there is no clear cut effective way to protect your idea with any type of intellectual property right protection such as a patent.<\/p>\n\n\n\n
In this blog, I will try to explain if ideas can qualify to become a patent and what you could do before applying for a patent.<\/p>\n\n\n\n
Before asking yourself how to patent the idea maybe you should ask yourself if the idea includes some type of innovation. According to Wikipedia<\/a> innovation is defined as a “new idea, creative thoughts, new imaginations in the form of device or method”. Once you have come to the conclusion that your idea includes innovation, you may start treating your idea as an invention, but now you need to make sure that your invention fulfills the following 4 criteria necessary before considering applying for a patent application:<\/p>\n\n\n\n \u25cf The invention has to solve a technical problem. It doesn\u00b4t matter whether the proposed solution is better or worse in the meaning of an optimal solution, Let me summarize the 4 criteria\u2019s for getting a patent on an invention:<\/p>\n\n\n\n \u25cf A solution to a technical problem It is very good that you do as much as you can before approaching a patent lawyer to help you with your application. Start by collecting all the necessary information you can to help you understand what is unique with your idea and who are the active companies in the same space or field. It is also important that you are clear with why you would like to protect your idea with a patent (if this is indeed what you want), is it to have exclusivity on your invention and make sure that no one can use your invention without paying you royalties? Or if you can\u2019t fulfill the criteria for patenting alternatively you really don\u2019t want to file a patent, but maybe you just need to make sure you have the freedom to operate (not infringing others intellectual property rights).<\/p>\n\n\n\n Regardless of your aim and approach, I would still recommend you investigate similar ideas by analyzing published patent documents.<\/p>\n\n\n\n Before performing your own patent search, make sure that you are using the most appropriate patent source. Read my previous blog on how different patent sources can differ and affect the outcome.<\/p>\n\n\n\n Follow these 4 steps to quickly identify relevant published patents regardless of their legal status whether granted patent, pending patent and patents that are not active anymore.<\/p>\n\n\n\n \u25cf Use Google patents or Espacenet or other search tools available to you to execute your own patent search \u25cf As a first step you need to find relevant CPC classification that covers your idea or invention, check out the patents you captured in step 1 for relevant classes \u25cf Analyze identified relevant patents by reading the description to understand what problem they are solving and how \u25cf What is also important when you have identified relevant patents is that you try to understand the legal status of these patents such as patent pending, patent active or patent dead Depending on the outcome of the exercise of collecting the patent information, I believe you should by now have a good understanding and insight to answer if your idea can be protected by using \u201cintellectual property right protection such as a patent. As you may see \u201cHow to patent the idea\u201d is not something one can answer without having all the necessary information in front of them.<\/p>\n\n\n\n Are you also faced with a similar challenge reach out to us and one of our IP experts will support you with best practice? Book a meeting<\/a> with our patent experts.<\/p>\n\n\n\n
\u25cf The proposed invention has to be “new\u201d compared to granted patents, published applications, papers, textbooks, tradeshow, etc.
\u25cf If “new\u201d then the proposed solution must as well differ significantly from known solutions. This is called “inventive step\u201d referring to the possibility for a person skilled in the art to combine one or two known solutions and come up with the same claimed invention. This specific topic is one of the most complex parts when discussing if a solution is patentable or not. I will not go into details here, but if you want to discuss this, please contact me, your patent agent, or a patent lawyer,
\u25cf The last criterion is that every time one uses the solution proposed in the invention, identical results should be obtained. Of course, “Perpetuum mobile \u2013 Perpetual motion\u201d that describes hypothetical machines to produce energy indefinitely are not accepted since they are not Industrially applicable (energy law)<\/p>\n\n\n\n
\u25cf The invention has to be all new
\u25cf The inventive step has to be fulfilled \u2013 differ significantly from known technology
\u25cf Industrially applicable \u2013 technical effect and reproducible<\/p>\n\n\n\nWhat can you do before talking to your patent lawyer?<\/h2>\n\n\n\n
Collect patent information<\/h2>\n\n\n\n
1. Capture and Identify relevant patents<\/h4>\n\n\n\n
\u25cf Search for known competitors
\u25cf If the competitors are active in multiple fields combine your search with relevant words that define the idea or invention,
\u25cf Once you have found well-published patents, look further for cited patent<\/p>\n\n\n\n2. Identify relevant patent classification for your search<\/h4>\n\n\n\n
\u25cf If you don\u2019t capture relevant patents use IPC classification, check out the patents you captured in step 1 for patent classification
\u25cf Usually, a patent is assigned multiple classifications, select the most appropriate classes<\/p>\n\n\n\n3. Highlight how your idea\/invention differs from existing prior art<\/h4>\n\n\n\n
\u25cf If you have found a very relevant patent (very similar to your solution), check if it is owned by a company you know, if not, redo step one by searching on that company
\u25cf Highlight relevant parts for future purposes
\u25cf Usually, by reading other patent applications you stumble on new words or angles that may require you to redo step 1<\/p>\n\n\n\n4. Check out the patent legal status<\/h4>\n\n\n\n
a) Many patent databases offer digital patent legal services but always and I mean always talk to your patent agent or patent lawyer to ensure you have the correct status. It may be required to call the patent office to get the latest status of the patent
b) This is only necessary for the patent applications that are very similar to your own invention
\u25cf Try to understand important markets from a patent perspective
a) Most probably your competitors have identified their important markets from a revenue perspective but as well their competitor
b) Try to understand if it is aligned with your view on it and if you have a different strategy<\/p>\n\n\n\nConclusion<\/h2>\n\n\n\n