Utility patents are for either a: process, machine, article of manufacture, composition of matter or an improvement of any of the above. Patent protection is also available for (1) ornamental design of an article of manufacture (design patent) or (2) asexually reproduced plant varieties by design and plant patents (plant patent).Turning an Invention Idea into Money - How Do I Conduct a Patent Search for Prior Art?
A patent search is part of your search for prior art (no, not paintings.) Prior art is any body of knowledge that relates to your invention. Prior art would include previous patents, trade journal articles, publications (including data books and catalogs), public discussions, trade shows, or public use or sales anywhere in the world. As discussed previously, the search for prior art helps prove the novel and nonobvious legal conditions that are required for a patent to be granted.What is reissue?
Patent law states "On taking up an application for examination or a patent in a reexamination proceeding, the examiner shall make a thorough study thereof and shall make a thorough investigation of the available prior art relating to the subject matter of the claimed invention." This means that prior art could disqualify your application for a patent.More on Prior Art
Remember, while patent searching is a big part of prior art , it is not everything. If someone has made your invention before you without patenting that still counts against your patentablity. A complete search for prior art might include for example: searching non-patent literature such as any magazine, newspaper, or trade paper article written about inventions like yours also a complete search would include international patent documents (online) and not just those found at the USPTO. Do not make the mistake of believing that just because no one else is selling your product that it does not already exist. After determining that your idea is patentable and qualifies for a patent - you now need to decide if the expense of patenting is worth it.Filing and Examination Process
The USPTO accepts applications filed electronically as well as paper applications delivered by mail. However, since 2011, the USPTO charges an additional fee for non-electronic applications. Fees cover the USPTO's cost to examine your application and are non-refundable regardless of whether the examiner grants your application. Fees vary depending on the size of your organization and the number of claims you make. Because the amount changes every year, the USPTO recommends checking the current fee schedule before you file your application. The backlog of applications means it can take one to two years before an examiner takes his first action on your application. If he rejects any or all of your claims, you have the opportunity to reply and amend your application before a final decision is made. If the examiner grants your patent, you must pay additional fees for the patent to be issued and published.