2) Could you get a patent?
3) Is your idea new?
4) Patent information
5) Business information Send us a comment
Checking whether your idea is patentable
Follow this flow chart to determine whether you are likely to be eligible for a patent.
This flow chart is aimed at the uninitiated, and assumes the user does not have a
practitioners grasp of the issues. As such it is loosely worded and only a rough guide.
It does not deal adequately with many issues. Patentability is a complicated issue that
must be addressed by a professional on a case-by-case basis.
Don't forget that novelty and inventiveness is essential to patentability (these issues
are not addressed here) and that it may be very important what part of your business
plan is inventive.
Please do not base your actions solely on this flow chart.
A Physical Product A Physical Process A Physical Service An Online Service Software A Game None of these
(toy, gadget) (manufacture method) (delivery service) (ordering system) (an online trading system) (3D chess)
ornamental?
No Yes
machinery?
Yes No
inventive device or
inventive physical
process involving an
inventive device?
Yes No
by software in a
new way?
No Yes
the software
controls a physical
action (printer,
vehicle, TV)
Yes No
pieces, a new
board, or both new
rules and old board
or pieces?
Yes No
involve one
of them?
Yes No
technical problem?
Increasing a user's
efficiency might pass
this test.
Yes No
software or service and
start again. See if there
is an essential element
of your business plan
which is both inventive
and protectable
assuming your invention is new and inventive
in Europe but might be available in the USA
assuming your invention is new and inventive
be able to protect it with copyright.
If it is a clever trademark, domain name or car licence plate then you can
register it but you could be sued if it should belong to a famous company,
organisation or person.
If it is a novelty 3D design you may be able to register the design.
If it is a pure mathematical or computational algorithm, look for a use for it.
If it is a way of doing business, or a way of thinking about a problem then you
may be able to protect it in the USA.
If it is a new standard of business or behaviour, consider registering a
certificate trademark, and setting up an organisation to handle it's use.
Nothing on this site constitutes legal advice, an offer, an offer to treat or a legal relationship.
Always check with your IP consultant.
