Patent Filing Guide &  Understanding How to Patent an Idea

As an inventor for any new idea it is important to understand whether your innovative idea is patentable. According to Patent laws in almost all countries it is mandatory that the patent applications should be filed before public disclosure or conference. Generally “first to file” rule is applicable and the subject matter of the invention should not becomes public knowledge.  The following video should be able to clear doubts of innovators and patent applicants and will act as guide as to what IP strategy should be followed by the inventor.

Golden Rule: Abstract Ideas can’t be Patented

Although, abstract ideas cannot be patented, implementation and execution of an idea can be patented by filing patents for corresponding main elements of the products, processes to manufacture the product, and a combination thereof.

First Step in a Patent Process

Patent Search which is also commonly known as patentability search. Performing a Patent Search determines the patent eligibility of the Idea in question. Moreover, the overall patent search process determine if similar innovation exists and decide whether to file patent or not after reviewing state of art in the same domain.

Non-Provisional Patent with a set of patent claims defining the scope of the invention to be filed directly or after filing Provisional patent application. Generally, Provisional Patent is filed before patent office to secure Priority Date before public disclosure. Thereafter, complete patent can be filed in home country  patent office along with WIPO (World Intellectual Property Organisation) via PCT (patent cooperation treaty) for international patent filings.

Remember,WIPO is not a patent granting authority

We all want PROFITS from operating a business

Profitable patent strategy for a startup includes conducting patent search to determine the novelty aspect of the invention, filing provisional patents, followed by non-provisional (complete) patent applications, and subsequently followed by international patent filings (under Paris convention or patent cooperation treaty PCT by WIPO).