Do You Need a Patent?

Have you come up with an idea for a new product that is not on the market? Perhaps you should consider getting a patent. I will outline here the definition of a patent, as well as the criteria for obtaining one and the qualifications and disqualifications for common applications.

If you have recently invented something, there are three basic questions you must first ask. Is this product completely new or is there a distinguishing feature that dramatically changes the way it works or functions that is completely new? Is there a new feature or way of using this product that would not be obvious to someone with a good deal of knowledge in the subject of your product? Is your product able to be both made and used by a type of industry? If you can definitively answer yes to all of these questions you may indeed have a patentable invention.

Before you apply for a patent, however, there are some things that you need to make sure your invention is not. The following things are not considered to be inventions. Artistic works are not inventions. This includes written works, dramatic or musical works, paintings, sculptures, poetry, and all other forms of art. Protection of these things falls within the realm of copyrights. Also outside the realm of patents are scientific and mathematical theories and discoveries. You can not patent a way to do math or a fact of nature, even if you found it yourself. You also cannot patent information, or the presentation thereof, or some types of computer programs, though the latter may be protected by a copyright. You cannot patent a way of playing a game or doing business, like many online get rich scammers claim to have done. You may not patent anything that goes against the laws of morality or the laws of your state or governing body. Plants and animals are not patentable, even if you create a new breed or variety using genetics or other methods. And lastly, you cannot patent medical treatment or a means of making a medical diagnosis.

If you meet all the criteria for a patent and none of the disqualifiers apply to your invention, then a patent is definitely something you should consider. It will protect both you and your invention, giving you the sole right to make, sell, use, and import/export your invention, as well as give away or sell permission for others to make or use your invention. It will cover your invention and how it is made, its functions, uses, and parts. Patents are helpful tools for inventors, and definitely a recommended tool. It is recommended that if you qualify for a patent, that you get one right away.