You've probably heard that you should patent everything that has to do with your startup. Not so fast: read this first.
When you are in the process of entrepreneurship, there is an element that never fails: when you tell a friend or acquaintance, there is someone who is so passionate about the project that they say the famous phrase: “This is a millionaire idea, you have to register it, someone is not going to take it away from you”.
Not so fast. If you are considering that your idea, your business model, your technology or your startup in general should be patented, you should know, to begin with, that
Patent an idea and a business model
We’re sorry, but your idea isn’t patentable. To begin with, ask yourself one thing: either you are the new Leonardo da Vinci or most likely your idea is not unprecedented: it will be very difficult for someone not to have thought of it before you.
But, even if your idea is really unprecedented: we have bad news: the Spanish Patent and Trademark Office (OPEM) makes it clear: “The Patent Law specifically excludes from the concept of patentability ‘plans, rules and methods for the exercise of economic-commercial activities’. In the Spanish Patent Office, business ideas cannot be protected as they are not inventions of industrial application, that is, devices, mechanisms, instruments, products, etc. that are manufactured in an industry”. First point, then, discarded: neither your idea nor your business model can be patented.
Patenting technology: it depends
What about your technology? That can be patented, right? Well, it depends. To begin with, we invite you to ask yourself the same question as before: have you been the first person in the world to think about this technology? Most likely not.
But if you are, can you patent it? According to OPEM, “new inventions that involve inventive step and are susceptible to industrial application can be patented.” In addition, “the invention must be of a technical nature or nature, that is, it must constitute the solution to a technical problem”.
On the other hand, “an invention may be a product (substance or composition), an apparatus (device or system), a process (method) or a use (application), provided that it complies with the requirements of patentability”. In other words: maybe (just maybe) you can patent an algorithm, a formula, or a type of design, but it won’t be that easy. Also, keep another aspect in mind: if you patent it, you will open the door for your competitors to know your formula and try to implement it, even if it is with the odd trick to avoid falling into plagiarism.
So, we make the recommendation that we have already talked about here before: if what you are doing is really good, do not hesitate: Someone will want to copy it for you. Therefore, in the face of the doubt between idea and execution, always opt for the latter: if you can’t prevent someone from copying you, at least execute it better than anyone else.
