How Do Patents For Intellectual Property & Ideas Really Work?

Patents For Ideas & Intellectual Property (IP)

Can you patent an idea for a new invention? 

To answer that, it's imperative to understand what a patent is and how to secure one for your intellectual property - or, your idea.
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A patent refers to the exclusive rights held by an inventor given to them by the United States Patent and Trademark Office for an original and fully conceptualized product, process or service.

Patents give their holders the exclusive right to make, sell or use the invention. More importantly, they bar other individuals or entities from making, selling, or using the product without the consent of the patent holder.

​Generally, the patent grants rights for up to 20 years beginning on the date an inventor applies for a patent or the date a previous application is filed.

In special cases, an inventor can apply for extensions or adjustments on patents already held.

It should also be noted that these patent rights are only valid within the United States and U.S. territories. There are different patent laws globally.
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Inventor Tips:
Patents For Intellectual Property And Invention Ideas

First, we always suggest taking the proper steps and involving experts to work in parallel to your own efforts as you explore patents to understand if your idea is actually patentable.

Here are a couple helpful hints, tips and notes about patents - just general information to help you understand if you're on the right path:
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• If you believe your idea may have already been submitted for a patent, submit it anyway. The USPTO goes through an exhaustive process when reviewing patent applications and what you send could shed a new angle on something they haven't thought about. Don't be discouraged!

• The patent doesn't give you, the idea proprietor, the right to produce, use, or sell your invention. It actually excludes others from doing so without your authorization 

• If any part of the patent process is confusing to you, get some professional help or guidance. That is what we are here for.

• If you're in the early stages, make sure you're PPA (provisional patent application) is taken care of

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• Visualize your idea early on. It may even make sense to do some image searches online in the beginning stages (if you see your idea, chances are you cannot invent it). Also, start drawing and sketching early - think about what your prototype would look like.​

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Invention Ideas And The Patent Process

The invention idea is the first critical step in the invention process, but without an actual physical embodiment of the idea, an individual cannot obtain intellectual property protection and does not reserve any exclusive rights to the idea.

You cannot patent a simple idea.

This doesn't imply that an idea is impossible to protect, it just needs to finish the journey from being an idea to being a physical product or service that can be protected.

At that point, once there is tangible proof an invention was conceived by a specific individual, the inventor can begin the patent process.

For this, there are some options available, namely two forms of intellectual property protection that are known as patents or copyrights. Most individuals tend to have trouble distinguishing the difference between patents and copyrights, so let's explain:
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Copyrights Vs. Patents

While the aforementioned kinds of intellectual property protection may bare certain similarities to each other, there are some key differences and they each serve their own purposes.

A copyright is the exclusive legal right given to an originator or an assignee to print, publish, perform, film, or record literary, artistic, or musical material, and to authorize others to do the same.

A patent, on the other hand, is a government authority or license conferring a right or title for a set period, especially the sole right to exclude others from making, using, or selling an invention (product, process, etc.).

Copyrights are typically used to protect expression, while patents protects inventions.

Neither one can protect ideas.

Trademarks & Servicemarks

It is also important to note that at some point during the invention process, it is vital to familiarize oneself with trademarks and servicemarks.

​A trademark is  word, company name, or logo that is used in trade with certain products to indicate the source of the goods and to distinguish them as separate from similar products from other vendors.

A servicemark is the same as a trademark except that it's used to distinguish company services rather than a products; for example law firms.

The terms “trademark” and “mark” are commonly used to refer to both trademarks and servicemarks.

In order to ensure one's intellectual property is not infringing on a pre-existing product or service, this information can normally be found at a local Patent and Trademark Depository Library.
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Wrapping up on patents for intellectual property

So when can you actually patent an idea?

Once an idea has been chosen, properly researched, documented and designed, and searched against existing prior art, a patent application can be filed.

Individuals seeking to patent a new invention or service can do so by filing for a regular patent application (or PPA) through the United States Patent and Trademark Office at their office or on their website. It is strongly recommended you seek professional help with understanding if your idea is patent ready, and then moving to the patent application stage.
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