You may wonder how to patent technology. While many household names are already patented, there is often uncertainty as to how to patent a new idea. This uncertainty is particularly prevalent with digital inventions, which often have little or no prior art and are a matter of first impression before the patent office. This article will discuss 5 ways to determine which technology or process to patent. Then, you’ll learn about the requirements needed to get a patent.
5 methods to identify which technology or process to patent
There are many ways to identify which technology or process to patent. However, not all of them will yield a successful patent application. This is mainly because some technologies and processes are not patentable in the first place. In order to patent a specific technology or process, it must first satisfy certain fundamental requirements. Listed below are 5 methods to identify which technology or process to patent. If you’re unsure of which technology or process you should pursue, try these tips.
- Conduct a patent search
- List all potential competitors
- Analyze patents similar to yours
- Consult an expert in the field
- Check with your local intellectual property office
Requirements for obtaining a patent
If you are thinking about securing a patent for your technology, here are the requirements for obtaining a technology patent.
The written description of your invention
Among the most important requirements of a patent application is the written description of your invention, which must be detailed enough for a person skilled in the field to reproduce the invention. The specification of your invention includes examples, supporting data, and drawings that illustrate the various versions.
The claims in the invention must be detailed enough to describe the method or process. In addition to containing specific details, they must be broad enough to cover a variety of variations. Although it’s not necessary to provide detailed descriptions of each variation, it is important to include enough information for the patent examiner to understand the claims. It is also essential to state the starting materials and conditions that make up the invention.
Another requirement for patentability is novelty. As described in 35 U.S.C. SS103, your invention must be different from any prior technology. This means that your technology must be entirely new and different from the prior art, which is anything that was already known to people with ordinary skill. To determine if your invention qualifies as a novelty, examine its history. In the early days of patenting, most technology was simply state-sanctioned monopolies that could be sold to the highest bidder.
The process to obtain a technology patent
The process to obtain a technology patent begins with the regular patent application at the USPTO. The examination process takes approximately two years, and a regular application is required to receive the actual patent. The author of Nolo’s Patent It Yourself book, David Pressman, has sold over 100,000 copies of his e-book. In 1988, John Stewart, a former AT&T employee, filed 21 patent applications and received 17 of them. His patents included hydraulic exercise equipment, volleyball net adjusters, and sidewalk lifters.
The USPTO classifies scientific fields into predictable and unpredictable arts. The amount of disclosure required by patents varies by field and claiming strategy. Examples of disclosure are given below. You can consult with a patent attorney for further comments. It is best to seek advice from a patent attorney before disclosing your invention to third parties. Remember that third parties must first file a patent application before discussing your invention with others. If the invention is discussed with another party, you must sign a confidentiality agreement with the third party. Otherwise, if they violate the confidentiality agreement, the USPTO can use the disclosure as prior art in a later filed patent application.
After a period of 18 months, your application will be published in the USPTO, WIPO, or PCT. You may also want to submit your invention in other countries to obtain patent protection. These international patents are known as PCT, and a patent application will no longer be kept confidential by the USPTO. If you have been receiving federal research grants or intramural research funds, it is recommended that you disclose the invention.
Searching for patents
In case you’re wondering how to search for patents for technology, this article will help you find them. The USPTO database contains thousands of patents, so you’ll likely find one that’s relevant to your product. Use multiple searches and different search terms to get more results. Once you’ve found a patent that looks relevant, you’ll need to read it. Take note of the classification number to perform a classification search later.
In addition to looking for patents for technology, you can also use them to identify products that have similar components. Patents may help you determine what resources are needed to repair a product that has been out for many years. Patents are also helpful in tracing history. You can trace the development of firearms through patents issued to specific inventors. You can even find patents for your ancestors, if they’ve been issued.
If you want to search patents for a specific product or technology, you can use the advanced search function to narrow down your search. Advanced search functions also let you identify keywords used in patent publication descriptions. You may even get some unexpected results when you use a search like this. To save yourself time and frustration, here are some helpful tips:
- As a start, you can use the USPTO’s Web site to perform a preliminary search. The USPTO offers a tutorial to help you learn the tools used for conducting searches. A library also contains relevant materials. Some of these can be checked out or only available in the library. For detailed search, you can hire a patent searcher. This will be your first step in obtaining patents for your new invention.
- Once you have your search term, it’s time to find the IPC class for your technology. The USPTO organizes all patents into a Cooperative Patent Classification system (CPC) scheme. CPC codes group patents together based on their functionality. After you’ve chosen your technology, you can then search the patent literature or a patent database with full-text access. Depending on the technology, you may be able to find multiple patents that address the same functionality.
- After you have decided on a technology, the next step is to choose a patent searcher. Patent searchers typically charge an hourly rate. A patent searcher will give you an estimate based on the technology involved. In many cases, the patent searcher will discuss the disclosure with you before you pay for it. If you’re not confident in your abilities, it’s best to hire someone who has the experience and expertise to help you find the right patents for your product.
There are a number of free patent search tools on the internet. If you want to find a specific patent, you can try the patent search service from the USPTO or a company like PatBase. You can also access the PatentScout database if you have an email account at Stanford University. These two search services enable you to conduct keyword and semantic searches and download PDFs of published applications. Other reasonably user-friendly patent search databases include Google Patents and the USPTO.
List all potential competitors
Look at competitors’ patents to identify which technology or process is still open for development in your field. If there are no competing patents, consider filing for a utility patent first; otherwise, file for both utility and design patents together as one filing.
Analyze patents similar to yours
You can use the USPTO’s search tool, or any number of other online tools (such as Patentscope, Espacenet, or Google Patents). Before applying for a patent, it’s important to research whether there are similar inventions already out there that could cause confusion among consumers or competitors down the line. If you find that there are indeed similar inventions on record, then there’s no need to proceed with yours; however, if there aren’t any similar patents out there (or if yours is significantly different), then proceed with caution!
Consult an expert in the field
Patenting technology is no easy feat and there are many pitfalls that can be avoided by consulting with someone who has been through the process before. A registered patent attorney or agent can help guide you through each step of the process, from filing your application all the way through to securing a patent. They’ll also be able to answer any questions you have along the way and will keep track of deadlines so nothing slips through the cracks.
Check with your local intellectual property office (IPO).
This will help determine if what you’re working on falls under patentable subject matter and if it is eligible for patent protection in your country. For example, some inventions are not eligible for patent protection in certain countries due to prior art or lack of novelty.
what technology is patentable and technology that is not patentable
What technology is patentable?
Patent attorneys are well aware that technology-based inventions and technologically-based inventions can make the patent process more difficult for both the inventor (the applicant) and the examiner (the patent office). It is possible to patent tangible objects that fall under a utility license or design license. These include new CPU chips and electronic sensor technology or any other tangible but technically advanced product.
Things become more complex when it comes to intangible items that are connected to technological advances. Patentable technological advancements in the digital realm include:
- Software programs (i.e. * Software programs (i.e. word processing software)
- Operating systems (e.g. * Operating systems (e.g.
- Technology coding is an important part of a larger invention such as software and operating systems.
- Algorithms used to accomplish a specific purpose (e.g. Search engine algorithms
- User interfaces
- Management systems
- Computer security and encryption
- Databases and storage software
- Networking systems and devices
- Other digital advances
What technology is not patentable?
Patents are not permitted for many other types technological advancements. These may appear to overlap with patentable inventions. This is why it is important that you retain an experienced intellectual property lawyer like one of the PatentPc patent attorneys.
These are just a few examples of things that can’t be patent:
- Source code (or lines) of code that are not part of a program, system, or invention
- Abstract ideas
- Algorithms created by themselves
- Use digital technologies and mathematical methods to solve math problems
- An idea for a program/function in technology.
- Business methods
- Products/digital solutions that describe and identify the problem, and then outline steps to fix it using standard computer operation.