Can I get patent for a simple idea?

Can I get patent for a simple idea?

According to the United States Patent and Trademark Office (USPTO), and patent laws that date back to 1790, a patent can be granted to any person who “invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.” There’s a lot to break down there, so let’s talk about the specifics.

  • A “process” is any process, act, or method, and is primarily used at this point to cover industrial or technical processes.
  • A “machine” and a “manufacture” refers to, well, machines and all manufactured articles. Those are pretty self-explanatory.
  • A “composition of matter” has been understood to mean chemical compositions, and may also include mixtures of ingredients as well as new chemical compounds.

This list essentially includes anything man-made, as well as the processes for making the products.

On the flip side, there are a few things that have been found by the courts not be patentable. Laws of nature, for example, are not covered, since no one can patent something that is accessible to everyone. Same with physical phenomena. Inventions which are considered not useful or possible cannot be patented, because one of the requirements to be granted a patent is that the item is useful. Literary, dramatic, musical, and artistic works are not subject to patents because they are covered by other areas of intellectual property law.

And then we get to abstract ideas, which sounds like what you are talking about here. In order to be granted a patent by the USPTO, you have to be able to describe your invention in sufficient detail to show how it will work to the average person who works in your field. The idea alone won’t do; you must be able to show that your idea is both useful and functional. That’s not to say that you cannot patent something that is still in a theoretical stage. You just need to be as precise as possible, and consider filing a provisional patent application.

If at any point during your patent journey you find that you need assistance, please don’t hesitate to visit us at Hire CA. The patent attorneys on our legal marketplace has helped many inventors travel the maze of patent requirements. Stop by for a free no-obligation price quote to get things started.


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