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You Can’t Always Get a Patent

A patent gives you exclusive rights to use the invention commercially, in sales and manufacturing for instance. The exclusive rights remain in force for twenty years. Anyone who uses the invention without permission is infringing upon the patent and can be sued in court by the patentee.

To be granted a patent, your invention must meet certain requirements, i.e., be patentable.

To be patentable, an invention must:

  • Be capable of industrial application
  • Be new
  • Involve an inventive step

Capable of industrial application

To be capable of industrial application, the invention must be of a technical nature, have technical effect and be reproducible. “Of a technical nature” means that the invention must be something tangible, such as an object or a method of manufacturing something. It cannot be purely a discovery or theory. Artistic creations or medical treatments cannot be patented either as explained on https://kulturehub.com/inventhelp-support-inventors/.

To be considered as having technical effect, the invention must work technically and solve a problem in a technical way. The effect itself does not have to be new or better than existing solutions.

That the invention must be “reproducible” means that you must get the same technical result every time you use the invention.

Novelty

That the invention must be new means that it cannot be known before you file your patent application. It does not matter how or where in the world it has become known. Note that the invention is considered to have been previously disclosed even if you are the one who has used or published it.

Inventiveness

The invention must be novel and involve an inventive step, meaning that it must differ significantly from what is already known. The same invention should not be obvious to a person skilled in the art. This means that you cannot always get a patent by combining known methods or objects in a new way. Get the latest news about patenting from https://twitter.com/inventhelp.

What are the various methods of securing Intellectual Property Rights (IPR)

There are various methods of protecting Intellectual Property Rights (IPR). The major methods of protecting IPR include the following:

Patents – these protect the inventions from being plagiarized as explained in details on https://www.techtimes.com/articles/249715/20200518/how-inventhelp-gets-new-inventors-onto-the-right-path.htm.

Utility Patents protect the new and useful functions, machines, manufacture, products, processes, and compositions of an invention or any subsequent new and useful improvement. Design Patents protect the cosmetic appearance of an invention, such as the new, original and ornamental design for an article of manufacture.

Copyrights: these protect the manner in which an idea has been originally expressed. The expression of idea covered by a copyright may be in the form of a literary work, musical, theatrical work, etc.

Trademarks: these protect the identity of the source of a product or service. The source of origin covered under Trademark may be a brand, logo, signal etc. which distinguishes the source of origin of one product or service from another. For more information about patents and patenting visit https://www.valuewalk.com/2020/05/medical-invention-covid-19/.

Is the idea possible for patenting?

Anyone can come up with an idea for a new product, machine or creative design. Creative individuals are constantly thinking about new ways to see products, show products or use products. Those with an entrepreneurial spirit will often think of patenting an idea or invention in which they feel confident.

It is important for these inventors to ask themselves whether or not their idea is patentable. Knowing whether or not the idea is patentable can help to save individuals time, money and effort.

There are three basic categories to that an idea needs to fall under. Ideas that are new, ideas that work and ideas that drastically change an existing product are all patentable as described on this channel – https://www.youtube.com/user/inventhelp.

An idea is described as “new” when it is something that has not been patented before. There are plenty of products in the marketplace that have not been patented. Those who decide to work for a patent for that product can still claim that the product is “new.”

An idea or product is also considered patentable if it works. Any invention or idea needs to be feasible and needs to work. Ideas that cannot work or do not work cannot receive a patent. This is an important piece of information to understand about patents.

Those who only have a general idea as to how something will work cannot file for that patent because they cannot explain how the idea or product works. This prevents businesses from patenting ideas or products that have not yet been researched or created.

The final category to define an idea as patentable revolves around change. Those who have created a drastic change to an existing product may file a patent for that change. These changes must be large and drastic; simple changes in shape, color or size cannot be patented. The changes must completely change how the product or system works or operates as seen in https://www.tmcnet.com/topics/articles/2020/03/24/444881-everything-need-know-inventhelp.htm article.

All inventors should take the time to compare their various ideas to these categories. Ideas that are not new, do not work or do not change a former patent enough will stand out as unpatentable.