Can you patent an idea/concept?

[ryan_hunter]

What is the name of your state (only U.S. law)? TX

I have an idea for an invention I would like to build in the future. I'm not an engineer though so I would like to be able to patent the idea/concept now, and then hire an engineer to create the actual blueprints in about a year from now. I am not trying to patent troll - I actually would like to create this, I just cannot afford to do so right now.

My question is: can you patent an idea itself? Or does it need to be much more fleshed out, have exact schematics for how the parts will work, etc?

For example, let's just say in the year 1900 you came up with the idea of "putting a phone in a watch." Assuming nobody else had thought of that idea yet and nobody was even close to working on anything similar, could you have patented that basic idea, so that no tech companies in the future would have been able to build and sell phone watches? You would not have drawn any blueprints or planned any exact specifications, but just attempted to patent "the idea of putting a phone in watch, with little icons on the screen that you can click to do make calls and send texts, and so on." Is this possible and would it stop anyone from stealing the idea, or is it not valid?

 

[quincy]

What is the name of your state (only U.S. law)? TX

I have an idea for an invention I would like to build in the future. I'm not an engineer though so I would like to be able to patent the idea/concept now, and then hire an engineer to create the actual blueprints in about a year from now. I am not trying to patent troll - I actually would like to create this, I just cannot afford to do so right now.

My question is: can you patent an idea itself? Or does it need to be much more fleshed out, have exact schematics for how the parts will work, etc?

For example, let's just say in the year 1900 you came up with the idea of "putting a phone in a watch." Assuming nobody else had thought of that idea yet and nobody was even close to working on anything similar, could you have patented that basic idea, so that no tech companies in the future would have been able to build and sell phone watches? You would not have drawn any blueprints or planned any exact specifications, but just attempted to patent "the idea of putting a phone in watch, with little icons on the screen that you can click to do make calls and send texts, and so on." Is this possible and would it stop anyone from stealing the idea, or is it not valid?

If you have an idea for an invention, you should either not disclose this idea to anyone, or you should work with someone to develop the idea under a non-disclosure agreement, to protect your idea from being developed by someone else.

If you are not at the point yet where you can describe your invention, demonstrate how to make your invention and show how to use the invention, through either words or drawings, then it is too early for you to file a Provisional Patent Application.

 

[LucasChalmers]

I suggest Provisional Patent Application but as what quincy said, you can't do it unless you can describe the invention, how to make it and its function. If you're not yet on that stage, keep it a secret or provide an NDA for whoever has the information about your idea.

 

[quincy]

I suggest Provisional Patent Application but as what quincy said, you can't do it unless you can describe the invention, how to make it and its function. If you're not yet on that stage, keep it a secret or provide an NDA for whoever has the information about your idea.

It is possible that more than one person has the same idea that can qualify an invention for patent protection. The US now is a first-to-file country when it comes to patent rights, which is how it is and has been in most countries. Secrecy, therefore, can be vital until an invention is at a point where a patent can be filed.

A provisional patent application can be filed once the invention can be described, not only in what it does and how it works but in why it differs from all others, but the PPA only "buys" the applicant a little time to file a regular patent.

A patent examiner assigned to a regular patent application will decide whether all requirements for a patent are met. Because patent costs can be substantial, it benefits an inventor to have a patent attorney assist with both a PPA filing and/or a regular patent filing. Very few patent applications as it is will get from Point A to Point B without some detours along the way. You want to keep the detours to a minimum. The entire patent process can often take years from filing to the granting of a patent, even under the best of circumstances.

 

[LucasChalmers]

It is possible that more than one person has the same idea that can qualify an invention for patent protection. The US now is a first-to-file country when it comes to patent rights, which is how it is and has been in most countries. Secrecy, therefore, can be vital until an invention is at a point where a patent can be filed.

A provisional patent application can be filed once the invention can be described, not only in what it does and how it works but in why it differs from all others, but the PPA only "buys" the applicant a little time to file a regular patent.

A patent examiner assigned to a regular patent application will decide whether all requirements for a patent are met. Because patent costs can be substantial, it benefits an inventor to have a patent attorney assist with both a PPA filing and/or a regular patent filing. Very few patent applications as it is will get from Point A to Point B without some detours along the way. You want to keep the detours to a minimum. The entire patent process can often take years from filing to the granting of a patent, even under the best of circumstances.

Thanks for the additional info.

 

[quincy]

Thanks for the additional info.

You're welcome, Lucas.