Is this patentable?

tacofries

Hey guys,

Does anyone know the criteria for patenting a product? Can you patent a product without a prototype, and by just giving a general guideline of the idea and of what components are needed in order for your idea to work?

I have a product idea that is made up of a number of components. These components do not exist at the moment but could be developed. I do not want to patent the components but instead the overall product. Is this possible?

I have looked online but received mixed answers.

Thanks,

To many things unknown for you to get a straight answer.

You need to hire a patent lawyer who specialises in that area to be sure, otherwise if you want any useful feedback here you'd have to tell us the idea.

Either that or ring the patent office and talk to the people there, doubtful they steal ideas. But you never know!

For Paws

Hi Taco,

Here's hoping you've had a brilliant idea that'll make millions !

Your best bet is contacting the Irish Patent Office
http://www.patentsoffice.ie

before speaking to any of the many legal firms specialising in patent law.

Try Enterprise Ireland for advice
http://www.enterprise-ireland.com

Be warned though ; there are very few 'new ideas' and you may find that your idea / invention / process is already patented or copyrighted. Doing a patent search will be your first step. Good Luck !

(You don't need a prototype / working model, but you will need precise drawings & descriptions of your product.)

tacofries

For Paws wrote: »

Be warned though ; there are very few 'new ideas' and you may find that your idea / invention / process is already patented or copyrighted. Doing a patent search will be your first step. Good Luck !

(You don't need a prototype / working model, but you will need precise drawings & descriptions of your product.)

Thanks for replies ! Great advice!

I did a patent search and there is some components that I need for my product already patented, however my product in its full form is not!

Does the component parts of the product have to already exist?

For Paws

tacofries wrote: »

Thanks for replies ! Great advice!

I did a patent search and there is some components that I need for my product already patented, however my product in its full form is not!

Does the component parts of the product have to already exist?

In theory, no.
But your description and technical drawings would have to be very precise.

Probably the most crucial element is your 'claim' (what you say your product 'does' and it which way it differs from any other process or product that may currently produce the same end result).

For instance, say you've invented a garlic press. The key element is the difference design / method / process by which your product produces pressed garlic. The fact that garlic presses of various designs already exist (and are patented) does not matter if there is sufficient variation between your product and those already existing.

Similarly, the combination of elements, themselves being patented, into a new process is possible, although you may require the permission of those who hold the individual component patents in order to utilise their product 'within' your product. For instance, if you were to combine several SIM cards into a 'multi-SIM' which would effectively act as a wide band receiver for phone signals, you would be utilising the already protected technology belonging to others and would require their permission.

This is why most 'inventors' are actually 'improvers', taking existing technology further, and only able to market their unique new product to the already existing (usually very large companies) market leaders.

tacofries

Well thanks a million for the answer. Very very informative and helpful. I think my parents idea is patentable so!

lucky john

The cost of taking out a patent is fairly heafty. I think that there is an EU wide one now that helps a bit but depending on your idea going further afield can cost thousands. There is a preliminary type one that is cheap and gives you a years cover without having to provide the full detailed information. However once it or any patent is lodged the clock starts ticking.
To be honest, unless you think someone else is going to come up with something similar fairly soon you may be better to develop your idea a bit further. Even a rough prototype to prove your product works. The further you can go before showing your hand the better. Remember also, getting a patent is one thing defending it is another.

Take the advice above and get professional advice on this. Your local enterprise board may be worth a call. They have professionals in this area they may give you access to for free.

SeaSide

Every few months this group runs an evening for legal and patent advice for free and you'll get fifteen minutes. So no time for BS from you or them!

http://www.meetup.com/Legalworkshopsdublin/

Most of the college incubators have an patent attorney who will give a free session as well. Check their websites.

Piriz

please consider the business end of your product first...is there a market for this product and if so will it yield a return to cover any patient application costs and time + money invested in research and development, etc. ?


remember that a patent is granted on something that is novel and if you disclose your novel idea to anyone prior to application it is not deemed patentable...


best of luck with your endeavour...

random.stranger

Piriz wrote: »

remember that a patent is granted on something that is novel and if you disclose your novel idea to anyone prior to application it is not deemed patentable...

Not strictly true, as long as your idea is novel and has not been disclosed in public (including online, print, etc) it is patentable. It is still patentable if disclosed privately to people, you just need to trust them enough to know they won't tell anybody else about it or patent it themselves.

Also, you can talk to patent agents, otherwise they would be extinct.

The invention can be discussed freely with the patent agent because the disclosure will be in confidence.

SeaSide

Event on the 30th May in NDRC

http://www.meetup.com/Legalworkshopsdublin/events/118749922/