Let’s talk about what ideas, inventions, and patents are – and how they differ!
Ideas, inventions, and patents belong together and are essential to understand when inventing or considering a patent.
In this blog post, I want to introduce you to the terms by answering essential questions that you may have—and also some that you may not know you should ask.
The most burning questions on your agenda are likely “What is a patent?” and “Do I need a patent?” which will be much easier to answer after you read this post. However, there are a lot of other questions that need answering before it makes sense to proceed.
Heads up: Who is this blog post best for?
Please note that this blog post is for businesses or inventors who make physical products with parts, ingredients, processes, or uses of such physical products.
If you are a business with online products, a writer, or an online course creator, you may want to read one of the blog articles in the “online products” category instead.
But now – back to the content of this blog post.
It’s always good to start with the basic questions
So let’s do that. Let’s start with answering the “Why should I be bothered?”-question…
Why Protect Your Ideas and Inventions?
Protecting your ideas and inventions is essential for several reasons.
Ownership
Firstly, it establishes your ownership of the idea or invention, making it easier to license, market, or sell what you protected. So, it’s proof of ownership.
Preventing loss of revenue
Secondly, it prevents others from copying or stealing your invention, which can lead to a loss of revenue, reputation, and market share. Thus, it provides insurance against lost revenue.
That’s why proactive protection is essential.
Therefore, protecting your ideas and inventions can lead to significant financial gains as your inventions become more valuable.
What is an Idea?
You may wonder why I have chosen this question as my first one. However, if you are new to all this “patenting stuff,” you may not know that what you patent is not our idea…
Spoiler alert: It’s your invention.
To understand both, the question “What is an idea?” is an excellent place to start.
An idea is a thought or concept that has not yet been realized.
It’s all in your head – ideas are merely thoughts.
So, to put it plainly, an idea exists mainly inside your head (and maybe (in part) in a doodle or a plan) and still needs to be realized or tested.
Which “type” of ideas does this include?
It could be a solution to a problem, a new product or service, or even a new way of doing things.
Ideas can concern pretty much anything – the development of physical products, designs, an idea for a book or play, a course curriculum, or a blog post.
As long as it does not exist outside your brain – and maybe only sparsely on paper in a way that only you understand – that doesn’t make sense to others (yet), your idea is not more than a thought…
💡The most significant business ideas are those with the potential to attract customers – and copycats💡
The most extraordinary ideas are precious—they are pretty much “invention babies” or “creation babies.” They grow up to become genuine products or valuable assets. Maybe you could call them “adults” when they go from idea to something “real.”
However, intellectual property rights do not protect ideas or thoughts that can be freely shared. So once they are out, they are out.
Thoughts can’t be owned, and you cannot control who else “has them.”
I mean, how can you forbid others from thinking about something specific?
And how would you even know that they had that thought? Or how would you know that you are the first to think of it (if that was the criteria for owning it)?
It’s not practical – and probably not ethical- to make ideas or thoughts subject to ownership.
But one thing you can control is what you share – and with whom
Although you cannot own ideas or thoughts, you can protect them by keeping them to yourself.
Sharing your fantastic business idea, marketing or sales plan, product names, or product ideas can be risky. Why? They could be “stolen” or inspire the person you share them with to do what you want—in their own way—or precisely like that in their own business.
And maybe they are better or faster at doing so; maybe they have more resources, a team, or experience to leave you behind in the dust?!
So, it is crucial to be cautious…
→ The first tip 💡of the day concerning the protection of your ideas:
Any idea that adds to the value of your business, provides a competitive edge or can develop into a customer magnet should be considered carefully before speaking to anyone about it in detail.
Let me give you an easy rule of thumb 👍 :
→ Only share what you can afford to lose.
Yes! I am serious!
Even if it’s “just” a friend with whom you share insights. Believe me—most conflicts about ideas and concepts are about broken trust.
This naturally leads to the next important question:
How to Protect Your Ideas and Inventions?
One way to protect your ideas and inventions against abuse before filing a patent application is to use confidentiality agreements.
Confidentiality agreements are legal documents that prevent others from disclosing or using your idea without your permission.
→ Tip 💡Don’t assume that an agreement can prevent all abuses:
Please understand that all agreements can be abused or broken.
Yet, having one and negotiating terms and boundaries before entering a collaboration will force all players to think twice before entering an agreement, sharing information, and considering what they do – before potentially harming their collaboration partner.
→ Tip 💡Don’t miss out on rights by DIYing confidentiality agreements:
Don’t forget to consult a lawyer or intellectual property expert to ensure the confidentiality agreement meets the necessary legal requirements and is enforceable in your country.
→ Keep your ideas secret 🤐 – if you can
Your ideas should not be shared without an explicit agreement of confidentiality. Even then, you should never share more than is necessary.
But what is even better for protection;
Treating your ideas and know-how as trade secrets until intellectual property rights protect them.
So, now that you understand that you best protect ideas by keeping them to yourself (or very close) let’s move on to inventions…
What is an invention?
In contrast to an idea, an invention was – once upon a time – a unique and novel idea – but now, it is more than that.
From a legal perspective, an invention is more protectable than an idea – because it has materialized the concept. It results from an idea nurtured, developed, and brought to life by human creativity and innovation.
If an idea is a “baby,” then an invention has transformed this baby into a “mature independent adult,” e.g., a physical product or process with its unique attributes and characteristics.
It’s the culmination of hard work, much more than “just” trial and error, and tons of perseverance.
An invention can be anything from a new coffee machine to a life-saving medical device, from a clever tool to a revolutionary industrial process.
When inventors create something groundbreaking, they add to the world’s knowledge and push the boundaries of what is possible. However, minor, less groundbreaking improvements can also have substantial commercial value and may be worth protecting.
So, an invention is not just an idea anymore but an idea that has become a reality and a valuable asset to society.
An invention can sometimes be patented – but an idea can not
An invention can be patented as it meets the requirements of being a concrete, practical application of an idea.
Let’s pause for a moment 🤔💭
- An idea can not be patented because it’s thought “in your head.”
- An invention can be made because it practically applies an idea. It is no longer “just a thought.”
✅ Check – so far, so good.
So why can’t all inventions be patented?
There are many reasons, but one is that someone else could have invented the same thing – or something very similar but before you.
Mind-blowing. Right?
But this happens very frequently. Our genius ideas and inventions are not always that special at all. That’s why it is essential to be thorough in your preparations before you hire a patent attorney and spend a lot of money figuring out that you are not “the first.” #bummer
In addition, the law sets some particular rules about what the invention must be—or what it needs to be able to do—to be worthy of being rewarded with an upgrade to a patent.
Are you ready to talk about what a patent is?
Yes?
Let’s dive in then:
What is a patent?
Patents protect inventions and give inventors exclusive rights to use, manufacture, and sell them for a certain period.
So what do they provide in one word? Monopoly!
Society usually does not like monopolies since they can prohibit fair competition. That’s why the law limits them to a specific period, often 20 years.
What does society get in return for “giving away” Monopoly to some businesses?
They achieve the publication of innovative inventions and concepts that others can learn from. This knowledge sharing, through publication, triggers even more innovation, and society wins in the long run. This would not be possible if the innovators had kept things secret instead.
How to get a patent?
The first step towards a patent is inventing something new that can be patented. The next step is keeping the invention secret until intellectual property rights protect it. Then, you must decide if patenting is the right way to protect your invention. There are different options for protecting inventions, but the most common one is patenting them.
To get one, you need to apply for one. Let’s take a quick look at what needs to happen now:
What is a patent application?
A patent application is a request made by an inventor to protect their invention through a patent.
It describes the invention, how it works, and its unique features. It has to be described so clearly that others can understand whether or not they are making something that would infringe on the protected invention.
The patent application is filed at the national or international authority (Patent Office) where you wish to own exclusive rights to your invention.
At the authority, the invention described and defined in the patent application is analyzed by the examiner, who allows or rejects a grant based on the content of the application and its required parts.
The approval or rejection is based on the legal requirements and all known inventions disclosed up to the date the application was submitted to the Patent Office.
You don’t just get what you want – there is a negotiation (aka prosecution)
Getting a patent (prosecution) can be complicated and lengthy.
During this prosecution, the patent office examines your application to determine whether your invention is novel, industrial applicable, and non-obvious.
You will be granted a patent if the patent office approves your application.
If the patent office rejects your application, you can appeal the decision or amend your application and desired scope of protection in reply to the rejection received.
At some point during this discussion, there will likely be an agreement between you (your patent attorney) and the authority about what can be allowed relative to the contribution your invention brings to the already existing innovation and a patent will be granted.
Is a patent a piece of paper?
It is a legal document, but you could call it a certificate. It grants the inventor exclusive rights to use, manufacture, and sell their invention.
In some countries, you will get an electronic version confirming your intellectual property right (your patent right) with a serial number, your name or business details, and the relevant dates (when it was filed, granted, published, etc.). In others, you will get a paper version by default.
The Document defines what the patent holder can prohibit others from doing commercially.
There is no infringement police 🚓🚔🚨 – unless you act as one yourself – which you should (for your protected inventions)
The patent holder owns the patent and is the person (or business) who must look for and stop infringing competitors.
The owner may also license their invention to others for a fee or royalty, allowing the licensee to use it for a specific purpose, time, or territory.
How do you “post” the application?
There are different application pathways, each providing a different range of protection across different countries.
The most common types of these patent application pathways include national, European, and international patents.
National patents
National patents are granted by national intellectual property offices and protected within a specific country, such as e.g. Denmark or the U.S.
🌏 Who are national applications best for? National patents are generally more accessible and cheaper because the language barrier is lower, and no translations are needed compared to other patent types. Therefore, they are often a good fit for small businesses operating in a single country.
European patents
Patents are granted by the European Patent Office (EPO) and protect the countries that are members of the European Patent Convention (EPC) after paying fees for each member state in which you wish protection. Some translations are required, too, so there are additional costs and actions to consider compared to national applications.
The EPC is a treaty signed by many European countries, including Austria, Belgium, Denmark, France, Germany, Italy, the Netherlands, Spain, Sweden, Switzerland, and the United Kingdom – and many more.
🌎 Who are these good for? Since the European pathway provides a broader range of protection options than the national ones, it is suitable for businesses operating across multiple European countries.
The international pathway
International patent applications are also known as PCT applications. These are filed under the Patent Cooperation Treaty (PCT) and provide a way to file a single application that can be extended to multiple countries (while writing this, the PCT has 157 member states across the globe).
There is no “world patent,” so don’t expect the PCT application to become a patent in all countries. The PCT application serves as a placeholder or entry pathway to postpone the time for deciding which country or region to file a patent application in.
🌍Who is the international pathway suitable for? Businesses that operate globally and want to protect their inventions in multiple countries or small businesses that make innovations that large businesses would be interested in licensing.
How to keep it alive? (aka maintenance)
Once your patent is granted, you must maintain it by paying maintenance fees.
If you don’t, it will be abandoned (it will die), and the invention will be available to everyone: you, me – and your competition. Every country or region has its own set of fees.
💡 For example, in Europe, maintenance fees are paid to the European Patent Office (EPO) or the national patent office, depending on where you are in the application process or if you are at the maintenance stage after the grant.
