Archive for September, 2009

How to file an international patent / worldwide patent using a PCT patent application

“Is there such a thing as a worldwide patent?”  That’s a question I get all of the time, as many inventors are concerned that their inventions are “protected” globally.  Since this question and concern comes up frequently, I thought I’d write a post specifically on this topic. To make a long story short, there is [...]

Can you patent food, patent a recipe, or patent a food ingredient?

I have been surprised by the number of people who have asked me if a food (or a food ingredient) can be patented.  To be honest, I never thought about patenting a food until these questions popped up in this forum. I’ve researched this a bit.  It seems, in certain instances, food products and food [...]

How to prototype your invention. How to prototype your idea.

Creating a working prototype can be one of the most daunting steps in the entire invention and patent process.  For some of my inventions — particularly mechanical ones — the first thing I do is roam hardware stores in search of components that I can cobble together to make a crude, but functional, device.  I [...]

Can you patent (or “re-patent”) a product that has an expired patent? Can you patent a product that you may see on the store shelves? Can you patent someone else’s idea?

The simple answer to these three popular questions is:  No.   First and foremost, every invention must be totally  “novel”.  It must be something that the inventor conceived of independent of any other source.  It cannot have existed anywhere before.  Hence, that’s why it is an “invention”. The “novel” aspect is so critically important, it is [...]