Bizstartup.ie - How do you know if you have come up with something that needs a patent? Does it have to be really original or just a new way of doing something that already exists on the market?

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How do you know if you have come up with something that needs a patent? Does it have to be really original or just a new way of doing something that already exists on the market?

How do you know if you have come up with something that needs a patent? Does it have to be really original or just a new way of doing something that already exists on the market?

In order to be granted a patent, an invention has to be novel. This means that it is not currently known to the public (ie not on the market, not already patented, etc).  It must also not be an obvious modification of what is already available. 

What is a patentable invention?

Patentable inventions range from world-changing new products and technologies like the microchip or an environmentally friendly hybrid car engine, to small improvements on products and better ways of doing something which already exists, like the proverbial better mousetrap or the latest tamper-proof seal you have to struggle with to open the milk carton. 

All around us we see small incremental improvements on products, which solve a technical problem in a clever way, and any such improvement is potentially a patentable invention.

A patent that fills a technological gap or market niche

If it solves a technical problem, if it is not already known and is not clearly obvious, then it is worth considering applying for a patent to stop others from taking the benefit of your ingenuity.

Answered by

David Brophy

photo of David Brophy
 

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