Legal Question in Intellectual Property in California
My question: Let�s say �No more tears� baby shampoo was not yet invented. A man is washing his kid�s hair and they begin to cry because they get shampoo in their eyes. The man says to himself �they really need to make a shampoo that won�t sting my kids eyes.�What a great idea! Can this man patent this idea? If yes, does the man need to know the exact chemical make-up of this new �No Tears Shampoo�?� Or can he just say �A shampoo made from any number of standard shampoo ingredients that do not harm or sting the eyes�?
Thank You,
Curious
2 Answers from Attorneys
No. Ideas are not patentable. Inventions are patentable. The invention must be capable of being reduced to practice, and the disclosure to the patent office must enable one of ordinary skill in the art to make/use the invention. After the man experiments to invent a shampoo formula which does not sting the eyes, then may have a chance to patent the invention (subject to many other requirements of patentability, of course).
As Sarah correctly states, ideas are not patentable, only ideas as enabled in inventions. I want to add, however, that it is not necessary to �know the exact chemical make-up� of the invention. Of course it helps, but if you can describe how to make the invention, you can still get a patent. You do not have to fully understand the scientific basis on which your invention operates, but it has to be described in a way that allows others to practice your invention. Hopes this helps.
Mark David Torche, ESQ.
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