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.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.What is prior art?
Prior art is all information that has been disclosed to the public in any form about an invention before a given date. Prior art includes things like any patents related to your invention, any published articles about your invention, and any public demonstrations. prior art is "the total body of knowledge, which teaches or otherwise relates directly to an invention. This is the primary criteria in determining the patentability of a new invention. Establishes novelty and unobviousness of the art that relates to the invention in question. Prior art references include documentary sources such as patents and publications from anywhere in the world, and nondocumentary sources such as things known or used publicly."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.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.