How to protect an idea for innovation with patent
How to protect an idea for innovation with patent?
“Innovation doesn’t mean to invent the wheel every time – innovation may be a whole new look at a long-known idea”
The invention in its nature is a technical solution to an existing technical problem, implemented by technical means. Translated into the language of business, this means that every invention represents an innovation in the field of technology. Protecting any idea for innovation with a patent for an invention is not always applicable, as the invention must be patentable.
“IDEA for INNOVATION with PATENT”
The ideas do not bring any benefits from themselves. A successfully implemented idea in any business is innovation. When the innovation has a technical focus, it is protectable by a patent for invention.
IDEA
What are the IDEAS for the business?
How and why to protect them?
IDEA (from Greek ἰδέα – form, pattern) is a term of philosophy associated with a mental image of some part of being, an attribute of thinking and logic. This is a definition of the term “idea” according to Wikipedia. Nowadays, ideas are closely related to concepts such as innovation, patent, or copyright. In our daily lives, we often have difficulties and then we need an idea to solve the problem. Whether we start the task on our own or gather a team to work on it, when the idea arises, we have to decide…
“ Is it worthy to protect an idea for innovation with patent?”
There are several possible scenarios
I. We take the decision to apply the IDEA and solve the problem we have encountered, but to keep it a secret. However, this decision leaves us without protection and there is a risk that our competitors will come to the same idea, start using it and even take action to protect it, as a result of which they will forbid us from using it.
II. After successfully implementing the IDEA, we take the decision to write an article or scientific paper on the problem. In this case, we automatically take advantage of the fact that it is protected by copyright and gain the fame of being its authors. This gives us the opportunity to receive material compensation from the sales of the publication in which our idea was published.
III. We find that our IDEA is a technical solution to an existing problem and INNOVATION in the relevant field. In this case, it is best to proceed to protection with a PATENT and/or utility model. In this way, we will be able to decide what to do with the idea and prohibit its use without our consent, which is equal to a monopoly right.
IDEA for INNOVATION
What are the INNOVATIONS for the business?
How and why to protect them?
The results of business innovations can be higher quality, increased efficiency, competitive prices, saved time and etc. In addition, innovation can be applied in a product, device, system, technology, process, method, and other areas of human activity. The best way to create value is to innovate constantly, and there must be a constant desire to create a monopoly in a particular area and be outlined in a niche market.
The innovation is practically a new successfully realized business idea.
In this regard, the acquisition and granting of monopoly rights is a key function of the system for protection of industrial property. The objects of industrial property with which an innovation can be protected are a patent for an invention, a utility model, and an industrial design. The purpose of protecting innovation by obtaining a patent for an invention, a registration certificate for a utility model, or an industrial design is to acquire a monopoly right.
IDEA for INNOVATION with PATENT
What are the PATENTS for the business?
What is a monopoly right?
The protection of innovation as an object of industrial property gives the owner exclusive rights over the object or in other words – the applicant acquires a monopoly over the protected object. The design of the product is a key factor when a product usually sells because of its appearance. The acquisition of a monopoly right over the design of the product is realized through a registered industrial design. Where the innovation is of a technical nature and is determined by the functionality of the product, the industrial design is not applicable to obtain a monopoly right.
Idea for innovation with patent
Technical solutions to a technical problem are protected by a patent for an invention or registration of a utility model. The patent is granted for inventions in all fields of technology that are patentable. The patent examination is based on the criteria of novelty, inventive step, and industrial applicability, which are examined during the grant procedure. The legal protection of a utility model is provided through registration. In fact, registration does not guarantee the patentability of the technical solution, as no patentability analysis is performed during the procedure. That is why the patent remains the best tool for exercising the monopoly right on the innovation of a technical nature. Monopoly rights allow the holder to:
∴ to prohibit third parties from using the object without his consent
∴ to dispose of the owned object, i.e. to produce, store or import and export it
∴ to assign the right of use through a license agreement
∴ to sell its monopoly right
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UTILITY MODEL
Option to obtain fast and cheap protection in a shorter period of time
INDUSTRIAL DESIGN
Or protection of the appearance of products and articles
