Knowing whether your idea is patentable or not can save you a lot of time and money. The first thing you need to be aware of before getting too far into the application process is if you have an appropriate idea. There are a few questions you can ask yourself that can help you get closer to understanding if you are on the right track with your idea and whether it will be worth your while to submit a patent application with the United States Patent and Trademark Office (USPTO).
The questions provided below are suggestions from ThoughtCo. and may be able to assist you in making this decision. Keep in mind that there are patent and trademark attorneys in the state of Wisconsin who are available to help you and can answer this question much faster for you.
- Is your idea too natural or too abstract? If your idea falls under one of the following categories, you might need to speak with a patent lawyer first to decide if it is patentable.
- A law of nature
- Physical phenomena
- Abstract idea
- Is your idea a work of art? If your idea is a literary, dramatic, musical or artistic work, you won’t be able to patent it. While you can’t protect these ideas with a patent, you can do so with a copyright.
- Is your invention useful? Your idea should have a purpose and will be operative. If you design something and it doesn’t do what it is intended to do, the USPTO might deny your application to obtain a patent for your product.
- Is your idea a new one? Many inventors use past ideas and try and re-create them into what they see as a new and innovative idea. However, if a similar idea has already been patented, you might have a hard time obtaining a patent for your own invention. The best way to avoid this is to have one of our featured Wisconsin patent and trademark lawyers conduct a patent search and ensure your idea is in fact a new one.
- Is your invention clear and complete? In other words, can you describe all aspects of your invention? If you answered no or you have any doubt about this, consult with a patent attorney in your city first.
- Is this invention a true reflection of your own ideas? Remember, only an inventor of a product an apply for a patent, with some exceptions of course. So, if you didn’t create it but are looking to apply for the rights of a patent, rethink whether or not you are eligible to do so.
There are many other things you are going to want to consider before taking the time and spending the money to apply for a patent or even a trademark. Therefore, if you are looking to get the answers to the questions you have or need further assistance with your application, contact us today and one of our agents will connect you with a local patent and trademark lawyer in Wisconsin.
Finding an attorney isn’t the difficult part but finding a professional who is skilled, qualified, and knowledgeable is which is why we are here to help.