How Can You Patent an Idea?

How can you patent an idea? There are several steps involved in the process. The inventor must write down a detailed description of his/her idea, get a declaration from a subject matter expert, and then document the process of making the invention in writing. This will allow the inventor to document the details of the process and the product. Once these steps have been taken, the next step is to submit the application to the appropriate patent office.


The key element of patentability is non-obviousness. A patent for a trivial idea will be denied because the prior art contains a teaching, a suggestion or a motivation that would not make the invention obvious to someone of ordinary skill in the field. Determining non-obviousness involves fact-intensive analysis and many considerations. The following discussion will provide an overview of some key concepts to consider.

When deciding whether your invention is novel and not obvious, it is important to keep in mind that the non-obviousness test is not a simple one. Reasonable people may differ on the definition of what constitutes a unique idea. In this regard, consulting a patent attorney is important. A patent attorney can help you prepare a compelling explanation of how your proposed invention differs from the prior art.

When determining whether an invention is novel and unique, you must evaluate whether it improves on a known technique. An invention cannot be obvious if it uses a technique that has been around for more than ten years. The prior art must also be relevant to the idea in question. It must also provide a realistic expectation of success. A patent applicant should also carefully evaluate the invention to determine if it is novel.

In general, the court will determine if an invention is novel and not obvious. The time and level of skill of a person of ordinary skill in the art are significant considerations in this analysis. Other factors, such as unexpected results, may tip the balance in the patent holder’s favor. As a rule, a patent application can be rejected if it is not obvious. It may be deemed a novel invention if it is useful for an individual.

In the KSR v. Teleflex case, the Supreme Court changed the standard for determining whether an invention is obvious. Under this new standard, there must be an express finding that the prior art provided a teaching, suggestion, or motivation. In other words, it must be based on a reasonable interpretation of the principles of non-obviousness. Moreover, the test must also meet the requirements of a common sense standard.


One of the most important aspects of patent law is determining whether an alleged infringer’s product or process is infringing. An infringement analysis is two-step. First, a court must determine the scope of the claimed product compared to the accused product. Next, it must determine whether the infringement is due to “insubstantial differences.” In the case of a device, the equivalent device must perform the same function or achieve the same result.

If the alleged infringer’s product or service is not similar to the patented idea, a jury must determine if the claim is valid. The jury will look at the claim language and prosecution history to determine whether it is enforceable. The meaning of the words in the claim is based on the ordinary and customary meanings of those terms. However, if the claim is too broad, the jury may rule against the patentee.

An infringement opinion is another important part of patenting an idea. A non-infringement opinion is a written opinion issued by an expert patent attorney. It examines whether the proposed product will infringe a patent owned by someone else. Often, it is used when a competing inventor has already patented a similar product. This type of opinion is also beneficial for people who are considering purchasing a patent. It is also helpful for inventors who want to ensure that their invention is not infringing on another person’s patent.

The importance of non-infringement when patenting an idea cannot be overstated. In the event that your idea is already patented by another party, it may be illegal to compete. An attorney’s role is to evaluate the likelihood of infringement. To do this, a lawyer will order a full-file history of the patent at issue and look at representations of the inventors. Once these documents are available, the patent attorney will decide whether your idea is patentable or not.

While the majority of courts have ruled in favor of a plaintiff, some judges have found that post-offer and post-sale modification of an invention does not constitute an infringement. In addition, a general advertisement that does not directly target specific customers cannot be considered a non-infringement. The case of Transocean, for example, involved schematics attached to a contract. Another case that rejected a plaintiff’s non-infringement claim was Smith (Fed. Cir. 08/22/16).

Inventive step

One of the most important aspects of a patent application is its ‘inventive step’. To qualify for a patent, an invention must not simply be a modification or extension of an existing product or service. Rather, it must present a significant technical advance. Inventive step is the difference between a product that is obvious to a skilled person and one that is not. For example, a product that improves an existing swing may not be patentable if a person of skill in the art could already create the same product or service.

A resounding example of a lack of inventive step is a product that has been available for years. A product that does not solve a problem for a particular customer is not inventive. The inventor must be the first to identify it and solve it. Similarly, a product that has commercial success could be an extension of the inventor’s advertising and branding, and have nothing to do with its technical merits. Inventive step may be difficult to prove in this case, but the Appellate Division of the US Patent Office has provided a number of conclusive precedents in this regard.

When applying for a patent, a product must meet both of the criteria for patentability. First, an invention must be entirely new. Second, it must be useful to another person or company. Inventive steps must have some benefit for consumers. A successful patent application will allow the company to develop new products and services, and to update their existing systems. These innovations will save both money and resources. The patent office will also allow companies to improve upon existing systems, which will increase productivity.

Inventive step refers to the requirement in the patent system to determine whether an invention is new or an improvement on an existing item. In other words, an invention must be sufficiently innovative to overcome the prior art in its technical field. It should not be obvious to others. Unlike an unpatentable product, a patented product must be significantly superior to the existing one. The patent process is designed to reward inventors who seek to make improvements in their products.

Criteria for patenting an idea

When it comes to patenting an idea, there are a number of criteria to meet in order to ensure your invention receives the protection it deserves. One of the most important requirements for an invention to qualify for patent protection is that it be original and useful. This requirement is applicable to utility patents, but it is not as strict as the former. To qualify for a patent, your invention must also be new and nonobvious to those skilled in the art.

After you’ve determined that your idea is original, it’s time to engage a patent attorney. An attorney can guide you through the entire process and ensure that your idea doesn’t conflict with any existing patents. Once you have all the necessary information, you can begin the application process. An experienced patent attorney can help you navigate the entire process. However, you should not attempt to file an application on your own. Instead, consider enlisting the help of a patent attorney who has experience in patenting ideas.

An idea must meet the novelty requirement to qualify for patent protection. This means that it must be a unique and different version of something already on the market. It must also not be similar to any existing product. However, this requirement is not as stringent as it sounds. This is a vital starting point to making sure your idea is novel. There are a number of different criteria to meet when it comes to patenting an idea.