Idea Patents

Service ideas and idea-based products can be patented. Yet there are many cases where a product or service built on a good idea fails to secure IP in time after launch and is overtaken by similar services or copycat products. So when should you prepare a patent application?

Korea follows the first-to-file principle, so you are protected only if you file first and obtain registration. However, if you focus only on being first and file hastily at the abstract-idea stage, the application may be refused as an incomplete invention. On the other hand, if you file too late, someone else may file first.

The right time to file an idea patent is when the abstract idea has become concrete. At that stage, the invention is considered complete under patent law even if you have not yet built a sample product or finished a beta service.

Filing requires a patent specification, which involves many considerations. The invention must be described richly and in depth, and every term in the claims that define the scope of protection must be chosen carefully.

To obtain registration, the requirements of novelty and inventive step must also be met, which calls for a careful review of the prior art. As the saying goes, know your enemy (the prior art) and know yourself (your specification), and you will win every battle (registration).

If you are considering an idea patent, keep three things in mind: file first, file properly and get registered. We suggest you do it with INCUBE.