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[slicendice]

Hi everyone
I'm a total and utter novice when it comes to patents, inventions, etc. and I freely admit that I know almost nothing about such matters; so this is really my first point of research (if that's even a term!).

I have an idea for a product which I believe would be very useful indeed (and the few trusted friends I have shared the idea with also believe the same). The thing is that it is very, VERY simple...there is no clever gizmo, no fancy engineering, no hugely complex algorithm, etc. and what I'm wondering is, is it in fact too simple to patent? I haven't really invented anything utterly new - it's more that I'm using certain things in a certain way for a purpose for which they have not been used before. Are there any guidelines anywhere about making a judgement on whether something could be deemed patentable?

I hope that makes sense!

Many thanks

[blakesq]

complexity or simplicity is irrevelevent to whether your invention is patentable.  Your invention must be NEW and USEFUL to be patentable. 

Hi everyone
I'm a total and utter novice when it comes to patents, inventions, etc. and I freely admit that I know almost nothing about such matters; so this is really my first point of research (if that's even a term!).

I have an idea for a product which I believe would be very useful indeed (and the few trusted friends I have shared the idea with also believe the same). The thing is that it is very, VERY simple...there is no clever gizmo, no fancy engineering, no hugely complex algorithm, etc. and what I'm wondering is, is it in fact too simple to patent? I haven't really invented anything utterly new - it's more that I'm using certain things in a certain way for a purpose for which they have not been used before. Are there any guidelines anywhere about making a judgement on whether something could be deemed patentable?

I hope that makes sense!

Many thanks

[MLM]

Generally, finding a new use for something that already exists is not enough. For example, if there is a process for making hair growth ointment that also works as a lawn fertilizer, there probably isn't a patent there. Having said that, the vast majority of patentable inventions are new twists to old ideas. It only takes one new and non-obvious improvement to an invention to make it patentable.

[slicendice]

Thanks for the comments....very helpful.

My idea is completely new in terms of function - I've spent some time looking and there doesn't appear to be anything like this at all currently on the market.

Another question if I may - my (limited!) understanding is that the process of obtaining a patent can be a long one that might take a year or two (incidentally, is the length of time it takes to obtain a patent directly proportional to the complexity of the product to which it applies?). In that period of waiting for the patent, does one just have to sit tight and hope that no-one else comes up with the same idea? Or is it possible to sort of "ring fence" your idea until the patent is given (or not given, potentially)? I know there is the term "patent pending"...is that something to do with this?

Sorry for my total lack of knowledge on this but it's all completely new to me.

Thanks again.

[MYK]

Hmm.  Well, "Bounce" is patented.  It's a sheet of fibrous material impregnated with fabric softener.

They later got a second patent: put longitudinal cuts in the fibrous material so it won't get stuck on the exhaust vent.

Complexity level?

[blakesq]

If you are the first to file for a patent application, then, you have priority over anyone who files after you.  Thus, if you file on Dec 1, 2010, and your patent does not issue till dec 1, 2013, you still have priority over someone who invented their invention on dec 2, 2010, and filed on dec 3, 2010.  The US is a "first to invent" country, but being first to file, is prima facie evidence that you were first to invent.   

Thanks for the comments....very helpful.

My idea is completely new in terms of function - I've spent some time looking and there doesn't appear to be anything like this at all currently on the market.

Another question if I may - my (limited!) understanding is that the process of obtaining a patent can be a long one that might take a year or two (incidentally, is the length of time it takes to obtain a patent directly proportional to the complexity of the product to which it applies?). In that period of waiting for the patent, does one just have to sit tight and hope that no-one else comes up with the same idea? Or is it possible to sort of "ring fence" your idea until the patent is given (or not given, potentially)? I know there is the term "patent pending"...is that something to do with this?

Sorry for my total lack of knowledge on this but it's all completely new to me.

Thanks again.

[khazzah]

Another question if I may - my (limited!) understanding is that the process of obtaining a patent can be a long one that might take a year or two

Depends on what sort of technology you're talking about. In the computer or electronics area, you're looking at 3-5 years. If you invent an improvement on a mechanical device like a razor or a stapler, I'd say 1-3 years.

These are very rough estimates. But "a year or two" is almost certainly overly optimistic.

You can't enforce your rights until you have an actual issued patent.

[bartmans]

My idea is completely new in terms of function - I've spent some time looking and there doesn't appear to be anything like this at all currently on the market

Unfortunately 'not being on the market' is not sufficient for your idea to be novel. The real test is that the idea has never been publicly available, e.g. from a written publication. You will be amazed how much is out there that has been described in 9scientific) literature or patents that never reached the market (my guestimate is that >90% of the patented products or methods never reaches the market).

The lesson to be learned: before you start drafting (or letting draft) a patent application, perform a novelty search in both patent and normal literature.