A Patentability Opinion starts with the research to find all the products and inventions similar to an invention that you want to patent. It is done to determine if your idea or invention claim is disclosed in the existing patents, patent applications, and non patent literature from around the world. In other words, it is done to find out whether the invention (or an obvious precursor) is already written about somewhere in the world.
If the idea is patent eligible subject matter, useful, novel, non-obvious, and a complete and proper patent application is filed and allowed; then, yes, you can patent an idea for an invention without having the actual invention.
Read More Can You Patent an Idea?First Stage The first evaluation is a determination whether or not an idea or invention is patent eligible subject matter. A process, a machine, a manufacture, or composition of matter can obtain a patent. In the U.S., there are four categories of patent eligible subject matter: Firstly, a process defines actions. An act, step, or […]
Read More What does Patentability mean?