Can I Patent my Idea?

What can a patent cover? What does it not cover?

A guide to what can or cannot be patented.

Patents - A patent protects new inventions and in general can protect how things work, what they do, how they do it, what materials they are made of and how they are manufactured. A patent gives the owner the right to prevent others from making, using, importing or selling the invention without their permission. A granted patent is a legally enforcable document and can last upto 20 years.
To qualify for a patent the invention must:

  • be new
  • have an inventive step that is not obvious to someone with knowledge in the subject
  • be capable of being made or used in some kind of industry
  • In addition the invention must not be:

  • a scientific or mathematical discovery, theory or method
  • a literary, dramatic, musical or artistic work
  • a way of playing a game or doing business
  • a method of medical treatment or diagnosis
  • against public policy or morality.

In some case a registered design is more helpful as it is a lot cheaper but it only covers the appearance of the new idea. However if shape is important to how your new idea does its job then this could be applicable. For more information click here: Registered Designs

Many new product ideas are launched with very little protection but under a strong trademark. For more information click here: Trademarks

Using a Patent Agent
A guide a choosing and commissioning a Patent Agent
Patent Agents, also known as Patent Attorneys, can be hugely expensive so take some advice before commissioning one to complete and file your patent application. It might be better to self file your patent application...

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