How long does patent protection last? (As of year 2005)
Utility and plant patents are granted for a term which begins with the date of the grant and usually ends 20 years from the date the applications were filed. You must make the timely payment of the appropriate maintenance fees. Design patents last 14 years from the date you are granted the patent. No maintenance fees are required for design patents.How To Qualify for a Patent
Difficulty: Hard - Time Required: Variable - Ask yourself if your invention can be adequately described or enabled -- can someone in the same field make and use it? Can you make your claim to the invention in clear and definite terms? A patent cannot be obtained upon a mere idea or suggestion and to obtain a patent, you need to be able to describe all aspects of your invention.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!"How To Conduct a Patent Search
you can do a patent search online. The U.S. Patent and Trademark Office (1790 - Present) and Delphion (1974 - Present) both provide free online databases. You can searching using keywords or phrases that describes your invention. Look for common terms describing the invention and its function, effect, end-product, structure, and use. The results will list the title and number of all patents related to your keywords (l976 forward only). The title link will take you to the full text of the patent. You will not be able to do a complete search online for a pre-1976 patent unless you know the exact patent number. With online patent be sure to examine other referenced patents that the inventor has listed.How to Conduct a Patent Search
To get a basic understanding of patent searches read Searching For Students and in particular read Searching Using Key Words . It was written for students; however, if you can look past the cute language it will quickly get you reading and searching patents online within minutes. It will not be enough to do a diligent (complete) search for prior art by only using the Internet. For that you would need to understand the patent classification system and be prepared to do days or even weeks of research.