Patenting an IDEA

You cannot patent an idea per se, but if you effectively implement the idea into a process, apparatus, or product that is workable in accordance with conventionally accepted scientific principles, you can obtain a patent for that process, apparatus, or product. So if you have an idea for, for example, a time machine, but can't really "implement" it into a workable piece of apparatus, you will not receive a patent.

The japanese have shown they can patent applications of ideas. Drug companies routinely file extensions when they discover a new use-case for a compound (though subject to the same novelty criteria). However, software might be harder, reverse auctions might be one thing but trying to patent every domain starts to end up looking to defend an abstract idea (no-no) rather than the invention. The challenge is whether it is "forseeable" or obvious. If for example, taking idea from car industry to say motorbike, a judge might rule it obvious but from car to say manufacturing, you may be able to make a case. You have to realise that different industries have different perceptions, life sciences consider patents essential whereas ICT treat them as nuisance (too many me-too or obvious prior art). A decision whether to go down a patent path comes to whether you see them as defensive or a signal that it is a saleable asset. Certainly in places like China, courts take patents seriously and gives you more credibility in asserting infringement and due to labelling laws, allow Customs to seize copycats.