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.Has someone else already done this?
As an inventor, one of your first thoughts when you come up with the Mother of All Ideas is probably, Has someone else already done this? The only way to know for sure if you're the first is through a patent search. The search will tell you if your idea has been patented already and, if so, whether the patent is still in force. Here's how you do it.how to check if an idea has been patented
There is no EASY way. If your invention is a new can opener, an existing patent for the same idea may never use the words can opener. For example, it may be described in broader terms: container de-sealer or metal wall scissor. The patent offices classification system helps a bit, but not much. Inventors tend not to want to find their invention, so, they type in --can opener-- and look at a few and say they couldn't find it. You have to look for it like you want to find it. try different search terms. when you find one thats close, look at the references cited in that application and look for other patents wherein the close one was cited.What Is A Patent?
It is just like a property right for the inventor. All U.S. patents are issued by the United States Patent and Trademark Office or USPTO. Most patents last for twenty years. The twenty years begins on the date the application for a non-provisional or provisional patent was first filed. A patent gives you the right to exclude others from making, using, offering for sale, or selling your invention in the United States or importing your invention into the United States. Once a patent is issued, it becomes your responsibility to enforce the patent, the USPTO will not enforce your rights for you. From the USPTO you are only granted rights that are honored within the United States, U.S. territories, and U.S. possessions.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.