Legal Framework to Protect Your Idea

If you are a budding inventor seeking to protect your idea from imitation, you may be asking yourself the question, “Do I need a patent?” A patent protects the way an idea works, or its function. A granted patent provides you with twenty years of control over your idea, protecting it from imitation and allowing it to be sold or licensed. Without protection, a new invention is just an intangible idea of questionable value. A patent provides a legal framework to protect your idea so that only you can profit from it.

Do I need a patent for an invention?

Patents can be used to protect a new technology or the manner in which a device operates. In US, patentable subject matter requires that in order for an idea to be patented, it must be a ‘manner of manufacture’ in accordance with an artificially created state of affairs of utility in the field of economic endeavour. This means, in layman’s terms, something man-made, useful and commercial. You can read how do you patent an idea with InventHelp article where you can find many more useful tips.

Do I need a patent for a business method?

USA is generally open to the filing of patents relating to business methods. However, not all business methods satisfy the requirements of patentability. Business methods without a physical aspect are often rejected during examination. Many jurisdictions, such as Europe, do not permit the patenting of business methods in a direct sense.

Do I need a patent in other countries?

Having filed a provisional or standard application in your relevant patent office, a Patent Cooperation Treaty international application is usually lodged within the next 12 months. Lodging a PCT application with the World Intellectual Property Organization (WIPO) initiates the international phase of the process of obtaining patent protection in the countries you elect. At the end of the PCT period, you should file a national phase application in each of the countries you wish for patent protection to be obtained. Patent services InventHelp can help you with that.

Do I need a patent in all countries?

Unfortunately, there is no such thing as a strictly global patent which allows you to protect your invention throughout the world. The closest type of action available is the lodging of the PCT application. As it is taxing on your time and resources, it may be prudent only to file national phase applications in the countries that you consider to have the most potential for competition or those with the largest potential markets.

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