John Hardwick at Hardwick & Co discusses why patent applications can fail
Every new enterprise starts with a new idea. Some ideas just ‘spring into the mind’. Other ideas are the result of extended work. Yet other ideas come from employees, partners and consultants. Whatever the source of the idea, the innovator will wish to protect it, if possible, against use by others. One form of protection is to file a patent application for the idea.
Nearly everything is patentable. The idea simply needs to find an expression (embodiment) that is new and has an inventive step. There is no need for a prototype to exist before a patent application is filed. The embodiment explained in the patent application merely has to be capable ...
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