A Beginners' Guide To Patents

Good ideas often mean money. For this reason, if your idea is not protected by law it is vulnerable to other businesses and inventors profiting from it. If you have a great idea you are planning to take to the market, filing for a patent should be the first thing on your checklist.

What Is a Patent?

Patents are one of 4 types of intellectual property (any form of original creation that can be bought or sold), the other 3 being trademarks, designs and copyrights. Patents give the inventor the right to prevent others from making, importing, selling or generally using the invention unless they get your permission first.  Although a patent cannot physically stop somebody from copying your idea, it gives you the right to take them to court if they do. A patent will detail the invention so clearly that it will be obvious to the courts what is a copy and what is not.

If your idea is patented, you will have the rights to sell the invention (or the intellectual property rights) or to license the invention to somebody else.

What Sort Of Idea Can I Patent?

An idea must fit certain criteria in order to be eligible for a patent. Your invention should relate to how something works, what it is made of, what is does or how it is made. It must also be new or original and be a step forward in the area that it covers. Finally, it must be able to be used or made in industry. For these reasons, you cannot patent every idea and it excludes things such as mathematical discoveries or artistic works.

How Do I Apply For a Patent?

You must file patents form 1/77 in the Patent Office. You should describe the invention in accordance with the rules and be as clear as possible. You are then given a receipt and you must spend the next year deciding whether to continue with the application or to let it lapse (look for commercial opportunities). If you change the invention in any way, you need to file for a new patent. Within a year of the first application, you must file form 9/77 and request a search and examination (there is a fee involved). The Patent Office will then issue you with a search report, comparing your invention to others and indicating how successful you will be. Your application will then be published, and after another 6 months you must file form 10/77 for a final examination. If your idea fits the criteria, the patent will be granted.

Applying for a patent can be a tedious process, but it is worth the hard work for the protection from other businesses.