BEEM PATENT LAW FIRM, CHICAGO, IL, USA, TEL. 312-201-0011

Inventors often ask, "Can I patent an idea (or a concept)?

Generally, one cannot patent a mere concept or idea.  The concept must be developed to the point of reduction to practice, where it is or can be put into tangible form and capable of doing some good, that is, to have utility.  Often, it is useful to actually reduce the invention to practice, that is, to make or build the invention and try it out (in secret, of course).  It doesn't have to work perfectly, but it should work well enough to show that it can work well enough to serve its intended purpose.

While there are many benefits in actually reducing an invention to practice, this is not strictly required by the patent laws.   One may also obtain a patent with a constructive reduction to practice.  This means that the invention is described in such detail, in words and drawings, in a patent application filed in the Patent Office, that one of ordinary skill in the art is enabled to practice the invention.  This level of detail is required whether or not the invention has been actually reduced to practice. 

To merit a patent, an invention must be useful, novel and non-obvious (a search of the prior art may be instructive) and described in detail in a patent application ending with one or more claims.

We often ask inventors whether they have tried out their ideas (or concepts) and, if not, why not?  It is common experience that ideas may not work as planned.   Often, it is in solving the unanticipated problem that the truly useful and meritorious invention is made -- one which deserves and benefits from the issuance of a patent.

On the other end of the spectrum, inventors sometimes wait too long to file a patent application.  There are statutory bars -- the U.S. has a one year "grace period" -- most countries require "absolute novelty."   Moreover, another inventor may independently make the same invention and win the race to the Patent Office, which creates complications, to the say the least.  Generally, the best practice is for inventors to file a patent application as soon as their invention is "ready for patenting" and before any publication, public use, sale, or offer for sale of the invention.

For assistance in patent matters, please contact:

BEEM PATENT LAW FIRM
53 W. Jackson Blvd., Suite 1352
Chicago, IL 60604-3787 USA
Phone:  312-201-0011
Fax:  312-201-0022
E-Mail: patents@beemlaw.com

Disclaimer:  Information presented on this site is not legal advice and does not form an attorney-client relationship.