Are You Able To Patent A Concept? An Essential Question Which Must be Clarified

Patents would be the legal legal rights supplied by the federal government for an individual to have an innovative product or idea which may be transmitted or changed into a cash raising strategy or might be advantageous to add mass to economy. however there’s one most significant question which is required to be clarified. “are you able to patent a concept”.


Frequently when clients visit their patent attorney they question “are you able to patent a concept?” The solution of it is extremely complex however the usual answer from the attorney is “this will depend”! To understand if you’re able to patent a concept, it’s important to know the kind of idea that you can fill a patent application.

You will find mainly two kinds of suggestions for which patent application could be filled:

1) Concrete ideas: – concrete ideas are individuals which may be given a real shape and style like machine.

2) Abstract idea: – abstract ideas are individuals which can’t possess a tangible outcome just like a formula to gauge the movement of share market.

According to Section 101 from the U . s . Sates Patent Act, it’s possible to patent an ingredient that is “new and helpful process, machine, manufactured or composition of matter”. An abstract idea is counted like a process and therefore it’s 50% likelihood of receiving patent. However, prior to deciding to fill the patent form and make certain that:-

1) Your idea ought to be detailed and should not be considered a vague understanding of something.

2) Your idea is capable of doing getting in money.

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3) It should not be considered a pure abstract idea just like a mathematical formula.

4) It should not be any personal belief which can not be demonstrated through scientific reasoning.

5) Based on the Section 112 from the U . s . States Patent Act, a concept should allow “an individual skilled within the art” to “make and employ” the end result from the idea or invention.

Unless of course and before you idea is capable of doing enabling an experienced person for doing things, you are able to patent a concept.

There’s a unique provision for ‘Enabling Requirement’, do feel it because it answer the issue “are you able to patent a concept”. After studying every detail and process of patenting as yourself: – ‘can you patent a concept?’ understanding the answer act accordingly.