Business Idea Patent

A business idea patent can be defined as the legal protection of an idea related to your business that can be used to develop a product, process or invention.

Not all business ideas meet the criteria necessary for patent protection. 

Before pursuing a patent you must determine whether your idea meets this criteria. You should also consider if this is the correct type of protection for your needs.

The ability to obtain a patent on a business idea can also vary by country so it is important to determine the commercially relevant countries before applying for a patent.  

What Is A Business Idea Patent?

Typically in Australia, we do not allow for ideas themselves to be patented, business or otherwise. This means if you want to protect a business method or business idea by itself it is unlikely to be considered patentable subject matter. You must expand on your idea or concept to give it a patentable component. 

Should your idea relate to or lead to the creation of a new product, process or invention you may then be able to pursue patent protection. For a business idea or computer implemented business method type invention, in order to be patentable the substance of the invention must be a technical innovation. If the idea is purely a business innovation it is unlikely to be patentable. 

Having said that, to apply for the patent, you do not need to have first created a prototype of your idea. 

So long as you can create an adequate description and diagrams, you can begin the process and file for provisional protection if there is a technical innovation. 

How Do I Apply For A Business Idea Patent?

The best way to go about securing a patent for your business idea is to speak with a licensed and qualified patent attorney. 

They are best positioned to walk you through the specifics of business patent meanings and criteria. 

With their professional guidance, you are then able to decide if this is the right step for you and begin the application process as needed.

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