You can’t patent an
idea. Patents are for tangible inventions, so you need to have an invention to
be granted a patent. An invention can be a product, a machine, a process or a
method for doing something; but, an idea is not an invention. That is not to
say that you can’t get a patent, you just can’t get a patent on your whole
idea. You need to define what it is you are seeking a patent to protect.
So your first step is to
determine if you have an invention. If you do have an invention, it still must
meet certain requirements to receive patent protection. It needs to be new and
not simply an obvious improvement. The “state of the art” will be examined to
make sure that the claimed invention is not already in the public domain and
that it is more than an obvious improvement on what currently makes up the
state of the art. The invention also needs to be useful. The idea behind a
patent is that as a society we want to incentivize innovation that provides
value to society by granting inventors very strong patent protection. So, in
order to get the patent protection, you need to show that your invention has a
use to society.
Now, those are the basic
requirements, but how do you actually get a patent? Well, you will want to hire
a patent attorney to help you with the application process because it can be
tricky. You will file an application with the US Patent and Trademark Office.
For that application, you will need to persuade the PTO that your invention is
worthy of a patent and to do that you will need to gather evidence that will
prove that you invention meets all patent requirements.
Generally, patents
provide the most protection of all intellectual property rights and
therefore are also generally the hardest to acquire. But, an experienced patent attorney will
know how to navigate the process and will be able to advise you about your best
options.
Source: Quora
