Evan Carmichael explains that only utility patents protect services, split into process patents (a specific delivery method) and improvement patents (enhancements to existing models). Your service idea must pass four tests: it can't already be patented, must be novel, must be non-obvious to peers, and must be describable step-by-step. Then consult a patent attorney to file.
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Can you patent a service? So I got a great idea— I got a great question from one of my LinkedIn viewers. Love you guys. Rieke, I hope I pronounced that properly, and she wrote in to say, "Hello Evan, thumbs up on YouTube, 'How to Prevent People from Stealing Your Idea.' I listened to this carefully and discovered that you were talking about a product. My question is, how can I apply the same article to a service-oriented business? My idea is service-based. I really need your help on this." Cheers. So this is a great question, and if you have a service-based idea, then it is totally patentable. Let's talk a little bit about patents, okay, without getting too technical. There are two kinds of patents. The first is a design, and design is if you have designed something new. You have a new chair, you have a new shoe, you know, Nike puts out a new shoe, they can go get a design patent on that. That lasts for 14 years. And you can't apply that to a service-based business. Okay? The second kind of patent is a utility patent, and utility patents last for 20 years. And there are two kinds of utility patents that can apply to a service-based business. The first is process. So a process patent explains a certain way of doing something. So it doesn't mean you've created a product, but you have a certain process that you follow to achieve a result. And so your service-based business could follow a certain process, or maybe you have a specific business plan that's different that you can follow a certain process. The second kind is an improvement. So you're looking at a current business model that exists, a current service that exists, and you are providing— your idea is an improvement on what currently exists. So you can get a patent on that as well. In order to qualify for a patent, there are 4 main things that you have to look at. 4 things that they're going to look at before they say, "Yes, you can get this patented." The first is a patent doesn't exist already. So if somebody has already patented your idea, then you can't patent it, right? Even if it's, you know, may have been patented 20 years ago and it's expired, you can't get a new patent on that, okay? Second is it has to be novel. It has to be new. It has to be something that's different, that is Novel, right? That's their definition. They want to see something that is novel. Third is it's non-obvious. So what they'll look at is, for people in your industry, are they currently doing this or not? Is it obvious to them or not? Not to the average everyday person, but to the people in your industry who have the same skills as you, is this an obvious thing to do or not? If it's obvious, then you can't get it patented. If it's non-obvious, then you can't. And then the last thing is, is it explainable? So can you write down your process in steps that then somebody with your skill set could take and apply it, right? If you can explain it in a way, in a series of steps, that then somebody who has your skills could pick that up and repeat the process, do the same thing in their business, then that's something that is patentable. So if you can pass those 4 stages, then yes, you can patent your service-based idea. Your, your next step is honestly thinking about those 4 things. Does my idea pass those 4 steps or not? And if it does, then you're looking at probably talking to a patent lawyer and going for a provisional patent to start, and then a full-blown patent. That's your best step, and I'm excited. I don't know what your idea is all about, but I'm excited to learn more. So that's a step, and you can definitely get your service idea patented. Believe. For those of you watching, like the video, thumbs up below. Let me know what you think, leave a comment underneath. You have a question for me, leave it below. You wanna see more videos like this? Click on my face, subscribe to the channel. Thank you so much, I'll see you soon.
