When a new idea comes up, “Can this idea be protected by a patent?” You're going to be worried a lot about that. However, simply a “good idea” is difficult to register as a patent. If so, what conditions and procedures must an idea go through to become a patent? Fine Patent Law Office will summarize the key points.
Three requirements to be recognized as a patent
In order to obtain a patent Novelty, Progressiveness, and Industrial UsabilityYou must meet these three requirements.
Novelty (Novelty) This is probably not a technology or invention that has already been revealed. For example, if it is known to the world through previously published papers, patent documents, Internet materials, exhibitions, etc., novelty is denied.
Progressive steps (Inventive Step) It is probably a level of advanced invention that experts in the field cannot easily come up with. Progress is hard to be recognized by simply combining or slightly modifying existing technology.
Industrial applicability (Industrial Applicability) It must be an invention that can actually be applied across industries. For example, ideas that are physically impossible to implement or that violate the laws of nature are difficult to recognize for industrial use.
Only by meeting these three requirements will your idea be recognized for its patent value and legal rights.
The difference between a simple “idea” and a “concrete invention”
Just because you think of a good idea in everyday life doesn't mean it becomes a patent right away. The patent specification must clearly state how the specific invention is structured, thereby proving “how this idea is implemented and what problems it solves.”
concreteness: It is necessary to specify what materials are used, how the structure or algorithm is structured, and what the operating mechanism is.
differentiation: It is necessary to clearly describe how it differs from previous technology and why it has an improved effect.
It's hard to convince patent examiners if it's just a “sketch of an idea.” Therefore, the process of further developing ideas and considering practical implementation methods during the design phase is essential.
Patent application process at a glance
Once the idea has been refined to some extent, Patent applicationLegal rights must be secured through Typical patent application procedures are as follows.
Advanced technology researchSome text
Novelty and progressiveness are determined by searching for existing patents and papers similar to the idea.
This makes it possible to identify patent possibilities in advance, and also greatly helps in formulating patent strategies.
Create a statementSome text
This is the most important step.
The purpose, composition, and effects of the invention must be fully described, and if this is overlooked, the possibility of being rejected in a patent examination increases.
It is recommended that you fill it out thoroughly with the help of a professional patent attorney.
Applications and review requestsSome text
A patent application is filed with the Patent Office based on the written specification.
Through an audit request, the examiner will check technical and legal requirements.
Audit and calibrationSome text
An Office Action Notice (Office Action) may be issued during the review process, and corrections and comments may be required.
The possibility of registering a patent can be increased by carefully checking the reasons for refusal and formulating a correction strategy.
Patent registrationSome text
If all requirements are met in the examination, the patent registration will be decided.
If you pay the registration fee, you will finally obtain a patent right, and you will receive legal protection from the date of registration.
Working with experts for successful patents
Patent application is a task that requires both technical understanding and legal understanding. In particular, the process of objectively explaining an idea developed by oneself and proving differentiation from existing technology is not easy. thus Patent attorneyWith the help of, it is possible to expand the scope of rights as much as possible and secure patents in a stable manner.
Establishing an application strategy By analyzing industry trends and competitors' patents, it is possible to develop an application strategy in a direction that can create synergy with the company's business strategy after obtaining a patent.
Create high quality statements For an idea to become a patent, thorough specification writing is key. Patent attorneys at Fine Patent Law Firm fully understand the intention of the inventor and accurately describe differences that the examiner can recognize to increase the possibility of registration.
Audit response and correction You can save time and money by responding quickly and accurately to comments and corrections raised during the review process.
If an idea is to be patented, it must start now
If a good idea comes to mind, it's paramount to review the possibilities quickly and not delay the application rather than hesitating, saying “we're not ready yet.” “Elective nomination” is applied to patents, Who is applying firstThis is because it acts as a very large variable.
If you leave it private, not only is there a risk of ideas being leaked, but it can also take away opportunities for competitors.
The key is to quickly determine whether registration is possible and to time the application according to the business strategy.
Increase your patent competitiveness with Pine IP Law Firm
The key requirements for “an idea to become a patent” are clear. Novelty, Progressiveness, and Industrial UsabilitySpecific inventions that satisfy them must be detailed in the specification. Based on its expertise and experience, Pine IP will do its best to help you complete your valuable ideas with patents. Contact us now and we will be your reliable partner for competitive patent applications and business success.
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