I am afraid that an idea is not patentable. A patent is a legal document that entitles the owner who may also be the inventor the sole monopoly of the invention. The patent constitutes three distinct sections. (a) Prior art which may be publications, patents and conferences or public meetings.(b) the invention and method of carrying out the invention such that the man of the arts (someone who is knowledgeable of the invention. For example if the invention relates to a new drug with certain properties such as having analgesic properties then the man of the arts wcould be a pharmaceutical chemist or organic chemist working in a pharmaceutical company or at the university). The man of the arts in this case the pharmaceutical chemist should be able to synthesise or manufacture the drug of the invention as written in the patent. An idea has to be put into practice. Refering to the pharmaceutical chemist again he may have an idea for a certain compounds having specific activities such as for example anti-cancer properties. He would have to synthesise some of these compounds, at least one and have it tested for anti-cancer activity. The idea in this case is just not sufficient. The USPTO (United States Patent Office) requests put into practice in order to receive a patent. Even if the inventor syntheses one or two compounds he still may not obtain the patent if the compounds he has synthesised were known elsewhere whether in an earlier US patent (written in english) or a Japanese Patent (written in Japanese) you forfeit the patent as prior art or what is known before the patent application has been filed. You are allowed to file a patent application based on your idea provided that sufficient information has be included in the patent application for any member of the public (known as the man of the arts) can produce the same or identical invention as described. If the man of the arts is unable to carry out the idea of the invention as described the patent can be challenged infront of the Commissioner of Patents and he has the power to cancel or refuse your patented idea because he learned that you didn't put the idea into practice.
I have written a very short synopsis of the trying to patent an idea. It is strongly suggested the following:
1. Consult a patent attorney or patent agent.
2. Do not discuss your idea or ideas with any before discussing them with the patent agent or patent attorney.
3. It is very expensive to prepare a patent application. Be warned!
I hope this answers your question.
Dr. Bernard Crammer
