How to patent a scientific discovery [Best Answer]



Last updated : Sept 20, 2022
Written by : Antony Hogle
Current current readers : 5091
Write a comment

How to patent a scientific discovery

Can you patent a scientific discovery?

What this means is that if you make a new and useful scientific discovery that no one else has ever thought of, you cannot get a patent on it, because you did not actually create the fact that you discovered. This is because that fact was always in existence; you were simply the first person to notice it.

How can a scientist patent his idea?

An inventor can file for patent for his idea initially, but he must analyse his idea whether it has the capability to be performed or not. If the idea lacks the capacity of performance, the application shall be rejected and patent cannot be granted.

Do patent protects discovery?

As an investor or a discoverer, you have the instinct to claim exclusive rights to your creation/discovery and protect it from duplication. The only way to protect inventions is by applying for patents. Patent rights prevent others from copying, selling, using, and importing your invention.

What are the 3 requirements for invention patent?

  • Novelty. This means that your invention must not have been made public – not even by yourself – before the date of the application.
  • Inventive step. This means that your product or process must be an inventive solution.
  • Industrial applicability.

What things Cannot be patented?

  • literary, dramatic, musical or artistic works.
  • a way of doing business, playing a game or thinking.
  • a method of medical treatment or diagnosis.
  • a discovery, scientific theory or mathematical method.
  • the way information is presented.
  • some computer programs or mobile apps.

How much does it cost to patent an idea?

Need Help? A patent attorney will usually charge between $8,000 and $10,000 for a patent application, but the cost can be higher. In most cases, you should budget between $15,000 and $20,000 to complete the patenting process for your invention.

Can I patent an idea without a prototype?

Many inventors wonder if they need a prototype prior to patenting an invention. The simple answer is “no'. A prototype is not required prior to filing a patent application with the U.S. Patent Office. While prototypes can be valuable in developing your invention, they can also be costly.

How can I get a patent with no money?

The Patent Pro Bono Program attempts to match inventors with registered patent agents or patent attorneys. These practitioners volunteer their time without charging the inventor. However, the inventor still must pay all fees that are required by the USPTO; these cannot be paid by the practitioner.

When should I patent my idea?

Under U.S. patent law, you must file your patent application within one year of the first offer to sell your invention, or within one year of your first public use or disclosure of your invention. This means that you must determine the first offer to sell date, or the first public disclosure date.

What is the difference between a discovery and an invention?

A discovery is recognizing something that already exists for the first time, that nobody has found before, e.g. how Christopher Columbus discovered the Americas. An invention is creating something totally new with one's own ideas and development.

How long do patents usually last for?

Patent protection is granted for a limited period, generally 20 years from the filing date of the application. Is a patent valid in every country? Patents are territorial rights.

Is discovery intellectual property?

Intellectual property right definition An intellectual property right is where a person claims to be a rightful owner of the design, work developed by his efforts. Further, it can be either for discovery or an invention.

What types of inventions are not patentable?

  • Discovery, scientific theory, or mathematical methods.
  • Nonfunctioning products.
  • Scheme, rule or method for performing a mental task.
  • Informative presentations.
  • Medical/veterinary procedures and methods.

How long does it take to register a patent?

In the United States, it takes an average of 24 months from the filing of a patent application to get a patent.

How long does a patent protect an invention?

How Long Do IPR Rights Last? A U.S. utility patent, explained above, is generally granted for 20 years from the date the patent application is filed; however, periodic fees are required to maintain the enforceability of the patent.

Why is discovery not patentable?

If a new property of a known material or article is found out, that is mere discovery and unpatentable because discovery as such has no technical effect and is therefore not an invention within the meaning of Art.

Can you patent something that already exists?

Can you patent an existing product? No, you cannot get a patent on an existing product because it does not meet: the novelty requirement and. the inventorship requirement.

Can you patent research?

Yes, you can file a patent within 12 months of your published research work.

How do you do a poor man's patent?

The theory behind the “poor man's patent” is that, by describing your invention in writing and mailing that documentation to yourself in a sealed envelope via certified mail (or other proof-of-delivery mail), the sealed envelope and its contents could be used against others to establish the date that the invention was ...

Is it worth it to patent an idea?

In some industries, patents are absolutely critical. But in far more they are not. It's a well-known fact that a vast majority of patents are worthless. Around 97% of all patents never recoup the cost of filing them.


more content related articles
Check these related keywords for more interesting articles :
How to start a nail brand
How long the trademark usually last for
Registered trademark owner can file case for
Opposite word to trademark
Can you patent a mobile app idea
What does a trademark mean
How does copyright work for art
Intellectual property act 2000
How to write a trademark disclaimer
How to copyright brand name
How to start a sock brand
Do you patent a business name
How to get company name patent
Can you trademark a slang
How to copyright video footage








Did you find this article relevant to what you were looking for?


Write a comment




How to patent a scientific discovery


Comment by Napoleon Pano

hello tedsters this is actually my third TED three-minute talk and it's great to be able to share my research but you know being known as the three-minute guy is not always a good thing now Ted is all about ideas Worth's worth I'll try that over now Ted is all about ideas worth spreading but many people think I could never have an idea worth spreading I'm not creative or artsy or a genius well the good news is anyone can have super ideas and the interesting thing is that many great ideas come when people do surprisingly simple things so let's look at four simple ways to have super ideas one is have a problem because ideas or solutions to everyday problems Richard Branson told me at a problem he was stranded in the airport after his flight to Puerto Rico was canceled and to solve the problem he got on the phone called around chartered a plane sold tickets to the other stranded passengers and actually ended up making a profit the light went on I could start an airline and the idea for Virgin Atlantic was born Sam Smith had a problem he was really heartbroken after his lover left them and then he thought well to get over it I'll write about it the light went on and the idea for a song called stay with me was born it went on to win four Grammy Awards and song of the year so Sam went from very heartbroken - very happy and the idea solved his problem number two listen because ears are Wi-Fi for ideas dr. Jean Carruthers was injecting a patient's eyelids with Botox to stop them from to stop muscle spasms and the patient asked why didn't you inject my forehead Jean said you don't have spasms there the patient said I know but every time you inject my forehead I get this beautiful untroubled expression gene listen the light went on and she had the idea to use Botox to reduce Brown lines and wrinkles and from that one comment a whole new Botox treatment came around that's now used by millions and valuated billions number three look around Richard Feynman was a physicist eating lunch in the Cornell University cafeteria and a student stood up and threw a plate across the room those crazy students and Richard notices a plate spun and through the air the Cornell medallion on the plate seemed to be spinning faster than the plate well he went away got an idea worked out the motion of the mass particles whatever there and he said looking in that plate was what one is Nobel Prize ji look at a plate now all I see his food he looks at plate and wins the Nobel Prize so when it comes to ideas IQ spelled a ye often wins over IQ as Marilyn Vos savant says and she holds a Guinness record for highest IQ to acquire knowledge one must study but to acquire wisdom one must observe or as warren buffett says i always believe my eyes rather than anything else and now the biggest secret for super ideas could I have a drumroll please oh that's not bad come on one more time I don't wait wait here I have to introduce you okay one more time a drumroll please whoa now that's what I call a drumroll the important thing is write down your ideas because if you don't they'll fly away never to return Larry Page says when I was 23 I suddenly woke up thinking what if we could download the whole web and just keep the links I grab the pen and started scribbling out the details and Google was born when a really great dream shows up grab it so if you are dreaming of a great idea forget being artsy or creative or genius just be yourself do some really simple things and you too can have super ideas worth sharing and I can't wait to hear about them thanks so much


Thanks for your comment Napoleon Pano, have a nice day.
- Antony Hogle, Staff Member


Comment by Tracy

Thanks for this interesting article


Thanks Tracy your participation is very much appreciated
- Antony Hogle


About the author