Understanding the basics of patents
Patents are a fundamental tool in the realm of intellectual property, designed to protect technical inventions by granting the creator exclusive rights to their work for a limited time. This legal protection is crucial for innovators looking to safeguard their unique products, processes, or methods from unauthorized use or reproduction.
In Finland, as in many other jurisdictions, a patent’s validity extends up to 20 years, provided the necessary maintenance fees are paid. This period allows inventors to capitalize on their innovations, fostering further advancements and economic growth.
The difference between an idea and an invention
Understanding the distinction between an idea and an invention is crucial in the context of patentability. While ideas are the seeds of innovation, they alone cannot be patented. A mere concept lacks the concrete application required to meet patent eligibility criteria.
For an invention to be patentable, it must satisfy specific criteria: novelty, inventive step, and industrial applicability. Novelty ensures that the invention is new and not part of the existing body of knowledge. The inventive step criterion demands that the invention is not obvious to someone with expertise in the field. Lastly, industrial applicability requires that the invention can be used in some form of industry.
Therefore, transforming an idea into a patentable invention involves developing it into a tangible product or process that meets these stringent requirements.
How to protect an idea legally
While you cannot directly patent an idea, several legal mechanisms exist to protect intellectual property. Copyrights, trademarks, and trade secrets offer alternative avenues for safeguarding ideas.
Copyrights automatically protect original works of authorship, such as literature, music, and art, from being copied or reproduced without permission. Trademarks, on the other hand, protect symbols, names, and slogans used to identify goods or services, ensuring brand recognition and preventing consumer confusion.
Trade secrets involve maintaining the confidentiality of proprietary information that provides a competitive edge. By keeping critical business information private, companies can protect their innovations without the need for formal registration.
These protections can complement patents, creating a robust shield for your intellectual property.
Steps to patent an invention
Turning an idea into a patentable invention involves a series of well-defined steps. The process begins with conducting a comprehensive patent search to ensure the novelty of your invention. This search helps avoid patenting of something already known which cannot be patented, infringement on existing patents and identifies potential competitors.
Next, drafting a detailed patent application is crucial. This document should clearly outline the invention, providing enough detail for someone skilled in the field to replicate it. The application typically includes a written description, claims defining the scope of protection, and, often, drawings. The claims are to most crucial part of the application as it defines the scope of protection and must be drafted so that it defines the minimum amount of features of the invention needed to achieve the technical effect which is desired from the invention. The claims must be draft as broad as possible while considering the known prior art.
Once the application is ready, it is submitted to the relevant patent office, where it undergoes a thorough examination. This examination assesses the invention’s compliance with patent eligibility criteria. Upon approval, the inventor gains exclusive rights to their invention, marking the culmination of a successful patent application process.
While you cannot patent an idea, there are numerous avenues available for protecting your innovations. As experts in the field of intellectual property, we at Kespat are here to guide you through the patent application process and explore alternative protections tailored to your needs. Our team of experienced European patent attorneys is committed to safeguarding your intellectual property both domestically and internationally. To learn more about our services and how we can assist you, please visit our website at or contact us directly. We look forward to helping you protect your innovative ideas and inventions.