How do you get a patent for an idea or invention of yours? When you patent it, do you have to make it?

Question

I have a great idea for an invention, and I would just like to patent the idea, I don't want to actually make it, unless I can. I'm not smart enough to produce or even figure out the technicalities of it.

Answer 1

There are 2 types of patents:

1. Design

2. Utility

The more important one is Utility.  See http://www.uspto.gov/web/offices/pac/des...

You don't have to actually "make it" to get something patented.  Just need to write enough BS to pass the patent examiners so that your written patent is awarded.  So now, once you've gotten your idea patented, now what?  Which would probably cost you some amount of money.  Could be anywhere from $10,000 to $100,000; depending on whether it is a "Design" patent or "Utility" patent.  If it is an important Utility patent, then you would need to pay the maintenance fees, otherwise it become invalid, and you'll have to defend it by making sure that violators pay you royalty.  Otherwise the patent is all for not, i.e. you've wasted your money getting the patent.

Remember, a patent is actually to disclosed to everyone what and how to make your invention.  If it is not obvious on how to make it, or that the disclosure is in-complete, then your patent can be rendered invalid.  If you don't defend your patent when someone uses it, then it also become invalid.  So get ready for some big bucks to go after anyone who violates your patent.

A better way, i.e. instead of filing a patent, is to keep your invention a trade secret.  This way you can make money from it while not disclosing what's inside.  Sort of like Colonel Sanders or Coke's secret recipes.

Answer 2

I think you need more than just an idea.

You don't have to have a model, although it helps. But you need drawings at least.

If you can't figure out the "technicalities" how do you know it works?

Plenty of people have "ideas" for things that can't possibly work, like magnetic motors, perpetual motion machines, using water to run a car engine, etc.

Answer 3

You can't patent just an idea. You at least have to be able to put into words a description of how it works in sufficient detail that someone else "skilled in the art" would be able to replicate the device/method/process without undue experimentation simply by reading your description.

In other words, you don't need a working model, but you do have to describe how one would work.