Q: Hi, I have few journals with novel ideas. How can I get patent for those ideas?

2 Lawyer Answers
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: To obtain a patent for your novel ideas, you must first ensure that your ideas are patentable. In general, they should be new, non-obvious, and useful. You should conduct a thorough search to verify that your idea hasn't been patented or disclosed previously.

Once you've established the patentability of your ideas, prepare a detailed description including drawings if necessary. This description should be clear enough for someone in your field to be able to recreate your invention. You'll then need to fill out a patent application, which includes several forms and fees, and submit it to the United States Patent and Trademark Office (USPTO).

It is highly recommended to seek guidance from a professional experienced in intellectual property law. They can assist in navigating the complex patent application process and ensure your submission is complete and properly structured.

Be prepared for a lengthy process; obtaining a patent can take several years. During this time, the USPTO will review your application, and you may need to respond to any objections or requests for clarification. Patience and attention to detail are key in successfully securing a patent for your novel ideas.

Peter D. Mlynek
Peter D. Mlynek
Answered
  • Patents Lawyer
  • Moorestown, NJ

A: You can get a patent easy. Make an invention based on your ideas, talk to a patent attorney, pay him lots of money, and he'll get your patent.

But, you should understand what a patent is. It is a business tool. It is a way of making money. It is similar to buying a tractor, or a hydraulic press, or a reaction injection molding machine. You should have a business plan on how you are going to use your patent to make money. A patent is just a small portion of what you need to have your business generate wealth for you and your shareholders.

You do not want to get into a situation where you pay a patent attorney lots of money, only to get a patent that is worthless to you.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.