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.Attorney Fees / Invention Complexity
The USPTO, IP Watchdog and every patent law firm strongly recommends that inventors hire a patent agent or attorney to prepare the application. IP Watchdog reminds inventors that not only is the process confusing, but a patent is a legal document that uses the language found in the application and patents can only be protected in court, where every word in the document matters. IP Watchdog reports that the median cost of a patent attorney is around $250 an hour, higher in urban areas (Quinn suggests hiring an experienced attorney that works in an area with a low cost of living as a way to control costs, as opposed to hiring an inexperienced attorney). Quinn states that, depending on the complexity of the invention, attorney fees for conducting a search and preparing an application with drawings usually run between $7,000 and $15,000. The more complex an invention, the longer the attorney spends researching related patents, writing up a detailed description and outlining exactly what the patent should protect. Drawings also take longer the more complex the invention is, and USPTO rewrites can be more difficult.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.The Do-It-Yourself Patent Search
If you decide to do the patent search yourself, you have several search methods available: The USPTO (United States Patent Trade Office) Public Search Facility. The USPTO operates a Patent Public Search Facility located in Alexandria, Virginia. Here every U.S. patent granted since 1790 may be searched and examined. Many inventors like to make at least one pilgrimage to the Patent Public Search Facility. It's located fewer than 15 minutes from National Airport by taxi; Metro Rail serves it off the Blue and Yellow lines, King Street Station; and several hotels are within walking distance, so it's easy to get to and around.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.