You Can't Be Too Obvious
Even if you don't find the prior art to prove it - you will not get a patent if your invention is not different enough from similiar inventions that are already out there. A patent maybe refused if the differences between your invention and another invention are too obvious. Your invention must be sufficiently different from what has been used or described before that it may be said to be nonobvious to a person having ordinary skill in the area of technology related to your invention . For example, the substitution of one material for another, or changes in size, are ordinarily not patentable. You can't paint it red and make it twice as big and expect a patent. Another example of "nonobvious to a person having ordinary skill in the area of technology related to your invention" could be the following. An electronics engineer looks at a circuit board and observes that it is just like another circuit board except that a few parts are substituted. Someone who is not familiar with circuit boards may not understand that the two boards are very similar, however, someone with training thinks that it is obvious. You would want the electronics engineer to look at the circuit board that you want to patent and say, "heah, why didn't I think of that!"Patent Myths
Patents are valuable - Patents may have commercial value but that usually depends upon how it has been used. A patent means the invention works as verified by the government - The U.S. government does not test inventions to see if they work. A patent gives the owner the exclusive right to make, use, and sell the invention - A patent gives its owner the right to EXCLUDE others from making, using, and selling exactly what is covered by their patent claims. A holder of a prior patent with broader claims may prevent the inventor whose patent has narrower claims from using the inventor's own patent. A patent right is exclusory only.What Does Useful Mean?
The patent law specifies that inventions must be useful, which means have a useful purpose. Being useful also includes operativeness, meaning that an invention must operate or perform its intended purpose.Is my idea already patented?
Most inventors dont really want to find their invention in someone elses patent, so the spend 5 minutes looking and then declare that they can't find it. It takes longer than that. If your invention is a mouse trap, you might find it by searching for those words...but the killer patent might instead describe a rodent restriction device or an automatic small animal containment system. Look for it like you want to find it. Talk to a registered patent attorney for immediate advice on protecting your idea (in the form of a provisional patent) while you determine if it is worth pursuing, in view of a preliminary search of related inventions, patented or not. Even if you don't find any "patents" showing your idea used in an invention, it could still be unpatentable because someone else used it or described it before you filed your provisional application.Who can apply for a patent?
A patent must be applied for only in the name(s) of the actual inventor(s). However, the inventor can sell or assign the patent to someone else. Prior art includes any patents related to your invention, any published articles about your invention, and any public demonstrations. This determines if your idea has been patented before or publicly disclosed making it unpatentable.