Patent Laws - Functions Of The USPTO
Patent law specifies the rules for patents. The USPTO administers all patent laws relating to the granting of patents and various other provisions relating to patents. They will examine your applications and grant patents when applicants are entitled to them. They publish and distribute all patent information including: recording assignments of patents, maintaining search files of U.S. and foreign patents, maintaining a search room for public use in examining issued patents and records, and suppling copies of patents and official records to the public.How to Patent Your Idea
Contrary to popular belief, you can't get a patent for something that's still in idea form; you must be able to apply your idea in a concrete way. This doesn't mean that you have to build a prototype of your invention before you can get a patent. However, you have to be able to draw or describe it in enough detail so that someone else could make it and use it. Have a question? Get an answer from a lawyer now!Direct-Hire Professional Search
If you want to save lawyer fees and mark-ups, consider going directly to a patent search firm. Searchers are best found through inventor grapevines, inventor associations, or university intellectual property departments. In larger cities, you can also check the Yellow Pages under "patent searchers." But be careful not to fall into a trap set by some disreputable invention marketing organizations. They list themselves in the phone book under "patent searchers" with a toll-free number. This is another way they hook unsuspecting inventors into service contracts. Get all the facts up front. Some reputable searchers ask for money up front if they don't know you. This is understandable. Just be sure you get the cost of the search beforehand, and get—and check—references. The cost to search a utility patent in the Washington, D.C., area runs between $500 and $1,000. It is roughly $100 per hour for a competent search. Once the search has been completed, if you want to obtain an opinion on the patentability of your invention, add the cost of your lawyer. If you need to show a prospective licensee that your invention has a good shot at a patent or that it's unlikely to infringe on an existing product, a letter from competent patent counsel may do the trick.Patent Attorney Directed Search
Going through a lawyer to search patents will cost the least amount of time and the most money. Patent attorneys employ professional researchers. You hire the attorney, and the attorney gets someone to conduct the search. Then the attorney adds a mark-up to the search bill, sometimes as much as several hundred percent. Many lawyers cloak this in the term handling fee. To save this extra expense, some inventors hire their own researcher or do the search themselves. Most patent attorneys don't render an opinion based on a search conducted by anyone other than their own searcher. However, you can tell a lawyer that if they won't accept the work of your search firm, or searches done by yourself, you will go elsewhere where such work would be acceptable. If you're paying the bills, and you're willing to take the risk, the lawyer shouldn't have a problem. Now, if the search results show no prior art in my field of invention, you don't need an attorney to tell me the coast is clear. Conversely, if a search reveals prior art that's spot on your invention, you don't need an attorney to tell me my idea has been done before. You might, on the other hand, hire an attorney to help end-run an existing patent through the use of language in the application. If you hire a lawyer, get a quote in advance. The fee will be based on how all-encompassing you want the search to be.Is my invention already patented?
Determine if your invention is novel by doing a "prior art" or patent search, find out if someone else has already patented your idea. An inventor or hired professional can conduct a search of the USPTO records.