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.The Poor Man's Patent is a Myth
One of the undying myths of Patent World is that there is such a thing as a Poor Man's Patent. If you've never heard of it, the poor man's patent involves writing out a description of your invention and mailing that description to yourself. The transmission of this description through the mail and the cancelling of the postage by the Post Office is supposed to establish a date of invention for you. That way if someone steals your invention or comes along and invents it independently, you have "proof" that you invented it first. The proof is in the sealed envelop and the date the postage was cancelled.What Does New or Novelty Mean?
In order for an invention to be patentable it must be new as defined by patent law . An invention cannot be patented if: The invention was known or used by others in the United States, or patented or described in a printed publication in the United States or a foreign country, before the current applicant filed for his or her patent. Someone else has made the same invention as you did. The invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country more than one year prior to the application for patent in the United States. You or somebody else revealed your invention more than a year ago to the public.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.What You Can Patent
A patent provides you with the right to keep others from making and selling your invention for up to 20 years. The most common type of patent, a utility patent, protects rights in new and useful processes, machines and other things. These patents also can protect rights in non-obvious improvements made to existing things. To determine if your invention is patentable, you must first research all previous patents and other publicly disclosed inventions to ensure that no one else has already patented something similar. Because this process can be difficult and complicated, the U.S. Patent and Trademark Office recommends hiring a registered patent attorney to conduct the search for you.