• February 2019
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How do you patent your startup idea?

You can’t patent an idea, but that doesn’t mean you can’t get a patent on some part of your startup. A patent is for an invention but it doesn’t necessarily have to be a product, it can be a process or a method of doing something or it can be an improvement on an existing product, process, or method. The first thing is that you need to determine whether you have an “invention” that can be patented.

Along with the proper subject matter above, the invention also needs to be new and non-obvious. An invention that is already in the public domain or has already been patented will not be granted a patent. It also needs to be more than an obvious improvement. The standard is determined by looking at the prior art of the subject area and determining whether the claimed invention is simply an obvious improvement on what was already in the public domain. If the claimed invention is only an obvious improvement, it will not be granted a patent. You will also need to prove that your claimed invention is useful.

Whether you meet the requirements will be determined by the USPTO through the filing process. You will submit all required application and filing materials to the office and they will make a determination on the patentability of your claimed invention. I would suggest that you hire a patent attorney to help you with the filing process.

To answer your more specific question, it seems like what you really need is a non-disclosure agreement. An NDA is an agreement between parties to not disclose certain information allowing you to choose who gets to hear your secrets and prohibit those chosen people from further disclosure of your secret to other people. So, if you want a patent because you are worried about disclosing your secrets without protection, then an NDA will offer you that protection. Again, though, you would want to hire an attorney to help you draw up you NDAs.

If you are looking for an experienced patent attorney to help you with your patent or an attorney with experience drawing up NDAs, you should visit LawTrades. Our comprehensive platform is a one-stop-shop for inventors and entrepreneurs to find quality lawyers to complete their legal work. We offer free consultations and no obligation price quotes. Hope this helps!

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