A business idea can be patented as long as it details an actual, specific business method. Such a business method patent must be detailed and practicable. An idea to use monkeys to rewrite Shakespeare books, then, would fail to qualify for a business method patent, as it is far too general and, mostly likely, impossible or impracticable.

Thus, you don’t actually have to have a specific product that you are selling yet to obtain a patent, and often business process patents are the way to go in these cases. However, your idea must be possible, practical and purposeful. You must be able to demonstrate that your patent idea can work and has a specific function in your business order to patent your idea. Thus it is often best if you are able to concretely test the practicality and use of your business idea, though this is neither needed nor accepted as part of the patent application process.

If you have doubts about whether your idea is specific or unique enough to qualify for patentability, it is best to discuss your idea with an experienced patent attorney before committing yourself to costly patent application fees and involved patentability searches. For a free consultation on your product patent idea, call 908-879-0091.