Friday, September 11, 2009

Patent An Idea

Generally, one cannot patent a mere concept or idea. The concept must be developed to the point of reduction to practice, where it is or can be put into tangible form and capable of doing some good, that is, to have utility. Often, it is useful to actually reduce the invention to practice, that is, to make or build the invention and try it out (in secret, of course). It doesn't have to work perfectly, but it should work well enough to show that it can work well enough to serve its intended purpose.

While there are many benefits in actually reducing an invention to practice, this is not strictly required by the patent laws. One may also obtain a patent with a constructive reduction to practice. This means that the invention is described in such detail, in words and drawings, in a patent application filed in the Patent Office, that one of ordinary skill in the art is enabled to practice the invention. This level of detail is required whether or not the invention has been actually reduced to practice.