Can I patent an idea

Question

I had plans of creating a prototype of an idea. Due to a health issue, I unfortunately have limited time in terms of life. I want to be able to carry out this invention but am afraid that once I leave, the people I share this idea with, will say this idea was thought of by them when that is clearly not the case. Even though I was not able to create a physical prototype, I do have the research to do so once I’m gone. I was wondering if it’s possible to patent an idea to my name, in order to prevent someone else to claim this idea as theirs once I’m gone. Thank you for your time.

James L. Arrasmith · Answer

Yes, you can protect your idea, but there are specific steps you need to take. In the United States, you cannot patent an idea alone; you must have a concrete embodiment of that idea, such as a prototype or detailed drawings that illustrate how it works. To secure a patent, you need to demonstrate that your invention is novel, non-obvious, and useful. 
 
Given your situation, you can file a provisional patent application. This provides you with a year to further develop your invention and can establish an early filing date, giving you some initial protection. During this time, you can work on creating a prototype or gathering more detailed information to support your full patent application. 
 
To ensure your invention is protected after you’re gone, you should clearly document all your research and intentions, and consider naming a trusted individual as your executor. This person can help manage your patent and invention after your passing, ensuring that your work is recognized and protected. Consulting a patent attorney can also provide you with guidance tailored to your specific needs and situation.

Jeffrey R. Schell · Answer

I'm sorry to hear about your health situation, and I understand your concerns about protecting your invention. It's commendable that you want to secure your intellectual property and ensure your ideas are recognized as your own. To address your question: yes, it is possible to file for a patent even if you have not yet created a physical prototype. The United States Patent and Trademark Office (USPTO) allows for the patenting of an idea if you can provide a complete and detailed description of the invention. This includes how it works, how it is made, and how it is used. This is often referred to as the "enablement requirement," which means that your description must be detailed enough to enable someone skilled in the field to make and use the invention. You also should consider petitioning the office to make the application "special" if you are eligible due to your personal circumstances. Here a few other steps you should consider: Write down a detailed description of your invention, including drawings, diagrams, and any research you have conducted. This documentation should be thorough enough that someone in your field could replicate the invention without needing to perform additional innovation. You might consider filing a provisional patent application first. This does not necessarily require the same level of detail as a non-provisional patent application and can provide you with "patent pending" status for one year. This year can be used to further refine the invention or seek partners or investors. Of course, this should ideally be done with the help of an attorney. Before the expiration of the provisional application, you would need to file a non-provisional patent application. This application must include all the detailed specifications, claims defining the scope of the patent, and any necessary drawings. This definitely be done with the help of an attorney. Given the complexities of patent law and the importance of ensuring that your application is thorough and complete, consulting with a patent attorney could be very beneficial. They can help draft your application to ensure it meets all legal requirements and adequately protects your invention. Colorado-based patent law firm Schell IP offers free initial consultations, which you can schedule at the following link: https://www.schellip.com/book-a-consultation By taking these steps, you can help ensure that your invention is legally recognized as your creation and protect it from being claimed by others.

Q: Can I patent an idea