To Patent OR Not To Patent

Personally, I do think there is one definite answer for this question. I always say that it depends on who is asking and what are they trying to protect. I think it differs a lot from one case to another and we need to consider what if you get a patent for your invention and what can happen if you don’t.

For anyone to register a patent, their invention must have at least the following three criteria:

1. Novelty: the invention has to be new or novel. It shall introduce a new concept that wasn’t present in the market before/ wasn’t patented before.
2. Usefulness: Of course, it has to be something of use. Whether how to run a machine or a manufacturing process, to a new matter composition. Anything that can be beneficial to one another.
3. Non-obvious: It has to be non- obvious, not there by nature or anyone can get it by logic.

Additionally, a patent is the grant of property right to the inventor for 20 years. After he receives the patent, he gets the right to prevent any other entity from using, making or manufacturing his invention, it becomes like his own private property until the end of the 20 years. And for any other entity to use this concept or invention they’ll have to pay for the patent owner.

For the reasons mentioned above, patents are expensive to register and secure. You get to pay a lot of money, depends on where are you going to patent your invention. And that should be considered to be the fourth criteria, is it worth it? Will it bring back the money you paid in order to get it?

For example, if someone discovered a new way to tie their shoe lace. Here it is a new process that fulfills the first three criteria, but is it worth it? What will he get in return of patenting this process? How can he commercialize this invention?

Answering these questions guide you to whether to patent or not, you can also consult a patents attorney or your university’s Technology Transfer Office. They can offer you advice on whether your invention is patentable or not.