要成为专利必须点子已经被实例话（不一定需要公司的生产规模化）。这些“中介”公司广告里声称的“点子”并不是我们这里讨论的只是在构想中尚未证明有效的“点子”，而是已经满足专利批准条件（新颖，实例话的）的“点子”，这里有一段关于美国专利的一个说明，原文题目叫：“How To Patent An Idea”，我只摘抄了一段：
Is it possible to patent your innovation?
In order to be patented the product:
- must be useful (mainly referring to technical processes, industrial processes, method of doing business, manufactured items, machines, chemical compounds – mixtures or new compounds. In fact, the ultimate purpose of the patent is to protect the rights of an individual for anything that is created by them, as well as the method used to create the novelty.
- must function properly. For instance, a mechanism, which is claimed to perform certain tasks, must do so.
- must be new and not apparent, based on a similar product. The determinative condition is that the product must not have differences from a previously known example, that can be considered unsubstantial, making the two items very similar.
- can not be already legally patented in the US or merely printed and described in any way in published materials. In case an individual presents a novelty to the general public or offers it for sale, they are required to file a patent application within a year. So, if you published the information concerning your novelty, you are entitled by the United States Government to one year for seeking the protection of your patent rights.
- can not represent a simple idea, thought or suggestion. In other words, this should be a process or an item, and the inventor is required to provide a detailed description of the way the product should be used.
- can not be a law of nature, natural phenomenon, or an idea that is abstract. These are not possible to patent.
