how can i get a Patent for a new idea?

Question

i have a new idea. i think its revolutionary, and i dont know if somebody else have already taken the patent for the same...how do i proceed?

Answer 1

http://www.european-patent-office.org/

http://www.uspto.gov/

You have everything about procedures and so on in those pages, for european or american patents. Bear in mind that ideas per se are not patentable.

Searching for a patent to see if it exists is not easy. You may give a try here http://www.espacenet.com/

What Can Be Patented (from the uspto web page)

The patent law specifies the general field of subject matter that can be patented and the conditions under which a patent may be obtained.

In the language of the statute, any person who “invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent,” subject to the conditions and requirements of the law. The word “process” is defined by law as a process, act or method, and primarily includes industrial or technical processes. The term “machine” used in the statute needs no explanation. The term “manufacture” refers to articles that are made, and includes all manufactured articles. The term “composition of matter” relates to chemical compositions and may include mixtures of ingredients as well as new chemical compounds. These classes of subject matter taken together include practically everything that is made by man and the processes for making the products.

The Atomic Energy Act of 1954 excludes the patenting of inventions useful solely in the utilization of special nuclear material or atomic energy in an atomic weapon 42 U.S.C. 2181 (a).

The patent law specifies that the subject matter must be “useful.” The term “useful” in this connection refers to the condition that the subject matter has a useful purpose and also includes operativeness, that is, a machine which will not operate to perform the intended purpose would not be called useful, and therefore would not be granted a patent.

Interpretations of the statute by the courts have defined the limits of the field of subject matter that can be patented, thus it has been held that the laws of nature, physical phenomena, and abstract ideas are not patentable subject matter.

A patent cannot be obtained upon a mere idea or suggestion. The patent is granted upon the new machine, manufacture, etc., as has been said, and not upon the idea or suggestion of the new machine. A complete description of the actual machine or other subject matter for which a patent is sought is required."

Answer 2

It is not possible to protect ideas but rather the representation of that idea.

To protect an original invention OR a significant improvement to an existing product, a patent would be filed. Here's the USPTO's definition: http://www.uspto.gov/web/offices/pac/doc/general/index.html#patent

NOLO is a great, free informational site. Also, be sure to read what the USPTO (United States Patent & Trademark Office) has to say about patents.

Associations may be a good avenue to explore. These organizations will address many of the thoughts, questions and concerns you'll inevitably have as well as many you haven't anticipated yet. See the source box for some relevant links.

Research, research, research – this cannot be stressed enough. Read as much as you can. Here are some book titles that are relevant:

Getting a Patent:
* Patent It Yourself (11th Edition) by David Pressman
* Patents and How to Get One : A Practical Handbook by U.S. Department of Commerce
* How To Make Patent Drawings Yourself: A Patent It Yourself Companion by Jack Lo
* The Inventor's Notebook: A Patent It Yourself Companion by Fred E. Grissom

There are plenty of free informational resources out there. Check the source box for links to articles.

Hope that helps! I wish you much success & happiness in all your ventures!

Answer 3

Hire a patent attorney. Research has to be done, with the US Patent office, to determine if a patent already exists. Many thousands of patents have been issued where a product was never developed.

Answer 4

You can call a patent agent and ask them to do a search. If nothing comes up they can make a provisional registration, which will give you priority in case anyone else comes around claiming to have invented the same thing.

The actual registration will take months assuming everything goes perfectly--might take years if problems come up along the way.

A patent is pretty expensive to get (expect to pay a few thousand bucks) but it gives you a monopoly so you'll have leverage if you want to sell your idea.

Answer 5

To get the patent your invention must fulfil the fallowing
1.new or novelty
2.useful
3.inventive

Answer 6

enable me allow you to realize from journey A layout patent value $100 and provides a patent for the seem of the object and is surely goten round purely through any small replace to the seem of the object, a functional layout patent value $500 and provides danger-free practices for the function of a gadget meaning apearance dosent remember. those are purely the expenses on the patent workplace. then you truthfully ought to address a group of persons so crooked that they'd scew over their own mom purely to make a dollar. What I advise through it really is they prefer to misrepresent contracts that supply them the right to make a product it really is in direct violation of your patent.They call those nondisclosure agreements. i understand I received one mutually with that from craftsman approaches. and that is in case you do all of it on your own, in case you employ a lawer to help with it and someone to do the drawings that you will be wanting for the patent, oh and dont ignore the marketplace analyze which could be executed formerly employing for the patent. which could value a fairly penny. then you truthfully nevertheless favor to make a prototype, this begins with sturdy works or cad drawings, then from that they make a style, from that they make a prototype, now your waiting to take the prototype and the marketplace analyze to the agencies that make the product or the pricy mission of attempting to fabricate and advertize, and for what 3% of the earnings and to be disregarded through maximum organizations even as attempting to promote it. Alot of them wont purchase it from every person yet a vender. Now there is not any regulation hostile to making and promotion and marketing something you're making with or with out a patent, yet you need to have some danger-free practices on it. i like to recommend finding out a e book stated as Patent it your self 11th version, its written through a patent atorney and that i got here across it very useful .

Answer 7

some more clearity plz