The European Patent Convention (EPC) states that, for an invention to qualify for patent protection, it must be novel, have an inventive step and be industrially applicable.
Patent licensing is true for new products or inventions, providing legal monopoly for typically 20 years and encouraging innovation by allowing inventors to earn without competition.
Yes, you can definitely use a patented product to get your idea patented, but along with getting a license from the patent owner, you might also have to credit them as an inventor for your patent. That's how Steve Jobs's name still appears in patents applied and published after 2011.
In general, patent law only allows for the protection of new, useful, and non-obvious inventions. Thus, if your new use for an existing product is not novel or obvious, it may not be eligible for patent protection.
An invention relating either to a product or process that is new, involving an inventive step and capable of industrial application can be patented. However, it must not fall into the categories of inventions that are non- patentable under sections 3 and 4 of the Act.
An idea is not tangible and simply it is not possible to patent it. However, as your idea grows into an invention, it might start to fulfil the requirements of a patent. It is possible that it is going to be in high demand after its launch, and therefore attract other creators to copy it.
Can you patent an idea yourself? You can patent a product that results from an idea yourself, but you cannot patent the idea itself. However, the patent application process is arduous and complex, and if you have the financial means, you may want to hire a patent attorney to assist you.
You can patent a wide range of inventions, including new machines, processes, articles of manufacture, and compositions of matter. Each must exhibit novelty and usefulness. For example, utility patents protect functional aspects, while design patents cover the ornamental design of items.
Under the “first to file” system, there exists no value in obtaining a Poor Man's Patent since it now only matters who filed for the patent first and not who came up with the idea first. Essentially, a Poor Man's Patent has about as much value today as the postage affixed to the envelope.
A patent is an exclusive right that prevents anyone else from making, using, selling, distributing, importing, or selling your invention without permission for a set period of time. This timeline can extend up to 20 years, depending on the type of patent.