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I have an Idea for a Patent

“I have an idea for a patent,” say many inventors. The idea or concept is the first step before applying for a patent. The inventor may say “It’s a simple idea” that cannot be patented, but patents are not accepted or rejected on the basis of their simplicity or complexity.

Registered patents are accepted after their examination by a Patent Authority appointed examiner. The Patent Authority acts according to the Patent Law and Regulations; so in order to know whether a “simple idea” can be registered as a patent, it is necessary to know what Patent Law says.

The Patents Law states in paragraph 3:

“3. What constitutes a patentable invention? (Updated: 5760)

An invention, whether a product or a process in any field of technology, which is new and useful, can be used industrially and involves an inventive step, is a patentable invention.

In other words, a patent can only be awarded for an invention; the initial idea must be developed into an invention. At this early stage, our company helps the inventor with planning the fundamental concept of his invention. The inventor who conceived the idea may lack technical details, but a technical team can often help him turn his idea into a tangible invention. The fundamental concept plan consists of illustrations and technical details that are passed to the patent attorney to allow him to draft and edit the patent registration application.

Therefore, even a “simple idea” can be accepted as an Israeli patent or can be submitted for US patent registration. The Law states that the invention can be in “any field of technology,” but the word “technology” sometimes deters inventors. However, even a “simple” item can still be considered technology, for example, a pencil with an eraser. The invention must be new, useful able to be used industrially and involve an inventive step.

The issue of an inventive step has been discussed in a court judgment: Civil Appeal 345/87, Hughes Aircraft Company v. The State of Israel et al noted that “the progress required must not be obvious, but need not be huge: An inventive step is required, but it is enough for this step to be modest and small.

This article explains some issues in brief, and is not fully comprehensive. It is therefore advisable to consult with a patent attorney for each individual case. Consulting a technical team can benefit inventors from the initial concept stages, and during the later stages a patent attorney can often draft a patent registration application.
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