Patenting an IDEA

Hello all,

I've had an idea as of late that i'd like to protect and hopefully market and produce.

The key word here is 'idea'.

The problem is; It is a technological idea, to do with computers [hardware].

I'm not a software or hardware engineer, so I have no way to actually physically make this product. If it was a set of roller blades with rocket motors built in then I'd see that as fairly simple, make a prototype, and patent the idea.


For argument's sake, lets say that my idea is to have a mobile phone with several sim-cards that all relate to business, work etc. You can switch through them at the flick of a switch, and it alerts you if a call is coming on the not-currently-selected mode. (it's been done I know).
I have no idea how to physically make this product, or the software that goes with it, but it is my idea (for argument's sake, folks).

Would that be patentable? (Obviously I anticipate putting in a LOT of work to research/reinforce the description)



I accept that some products are not worth patenting, and instead should just be rushed onto the market with the inventor being the sole manufacturer/seller for a while. I'll need to closely co-operate with some big tech firms to get my real idea manufactured, and i'm very wary of getting screwed.

As an aside I know that my idea is probably not original (haven't seen it anywhere though), but it's worth a shot eh?

Opinions gratefully accepted!

You can, according to this.

http://inventors.about.com/od/prototypes/a/prototype.htm

Quote :

Before 1880, every inventor had to present a working model or prototype of his or her invention to the patent office as part of the patent application. You do not have to submit a prototype anymore, however, prototypes are great for several reasons.

But I suspect you need to have a fully formed idea. Such as the basic blueprint or something. But I don't know about that. It doesn't say anything definite, but by the sound of this, you need to have a fairly well developed idea.

Quote :

Find out if your idea can be patented. This How To refers to utility patents which cover the majority of inventions.

Difficulty: Hard
Time Required: Variable
Here's How:

Determine that your idea is not one of the following: a law of nature, physical phenomena or abstract idea. This means, for example, that you can't patent math, herbs as a new medicine or lightening.

Determine that your idea is also not a literary, dramatic, musical or artistic work. These can be copyright protected but not patented.

Decide if your invention is useful. The term useful means that your idea will have a useful purpose and will be operative. That is, a machine which will not operate to perform the intended purpose would not be called useful.

To the best of your ability, decide if your invention is not offensive to public morality. If it is intended for only illegal purposes it will fall into this category.

Determine if it is novel. No one else can have known, used, patented or described in printed publication the invention before you did, in the U.S or abroad.

Ditto for yourself for step 5 -- no public disclosure more than one year prior to your application for a U.S. patent.

The invention must be sufficiently different (nonobvious) -- a surprising and significant development to a person having skill in the same technology field as your product. You can invent another mousetrap, if it is a better one.

Ask yourself if your invention can be adequately described or enabled -- can someone in the same field make and use it?
Can you make your claim to the invention in clear and definite terms? A patent cannot be obtained upon a mere idea or suggestion and to obtain a patent, you need to be able to describe all aspects of your invention.

Only the inventor can apply for the patent. There are some exceptions -- if the inventor is dead, insane or refuses to file and is under contract to others.

Tips:

Utility patents are for either a: process, machine, article of manufacture, composition of matter or an improvement of any of the above.

Patent protection is also available for (1) ornamental design of an article of manufacture (design patent) or (2) asexually reproduced plant varieties by design and plant patents (plant patent).

Determine if your invention is novel by doing a "prior art" or patent search, find out if someone else has already patented your idea. An inventor or hired professional can conduct a search of the USPTO records.

http://inventors.about.com/cs/patentsbasics/ht/Patent_Qualify.htm

Mike, If you have an idea & you think it will work then run with it.

15 Years ago I was talking about an online spectacles shop, where you just sent in your prescription & we had the glasses made up & posted.

How much do you bet that I wished I had done it. The marketplace is prolific with them now.

I you have the time & the energy & the idea then go for it. Otherwise might be you seeing your good idea making vast amounts of money for someone else.

Interesting reading RichB.

Thanks guys, shame to hear about your idea Blackops, think of a new one..!

I had a good look online at the process and theory of patenting, but I have to admit I was so bored that my research tailed off after about 50 mins.


RichB, cheers for link, i'm wondering about the specific following point:

Quote :

8. Ask yourself if your invention can be adequately described or enabled -- can someone in the same field make and use it?

Using the above mobile phone example again, this would be possible for someone 'in the same field' to make, but not me with my relitively scant technical knowledge. Learning how to make my actual idea would take a degree in IT engineering - but the principle is simple.

It seems like they just want to know if it will require alien technology from the future, or whether the technology involved exists in this day and age.

By how you describe it - that it will require a degree in IT but is simple - it sounds like you qualify on that point.

This one seems like an important question:

Quote :

A patent cannot be obtained upon a mere idea or suggestion and to obtain a patent, you need to be able to describe all aspects of your invention.

The real question being whether you need to describe technological stuff that would require that IT degree, or whether describing the concept at each stage is enough.

I have a family gathering at the end of this month. One of my uncles is a solicitor for a law firm in London, might accost him about it.

I'll report back when I do. Thanks for the support, you know who's going on the piss with me when the idea hits the market!


Further research:

Quote :

In order to protect an idea it must mature into an invention first. What this means, in a nutshell, is that you need to be able to explain to others how to make and use the invention so that they could replicate the invention after simply reading your description of the invention in a patent application. You do not need to have a prototype, but if you do not have a prototype you will still need to be able to describe it with detail and provide sketches showing your inventive contribution. If you do not have the ability to illustrate your invention you can obtain patent drawings from a patent illustrator for quite cheap.