patented invention - how do i do a patent search

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In my view, the Christian religion is the most important and one of the first things in which all children, under a free government ought to be instructed... No truth is more evident to my mind than that the Christian religion must be the basis of any government intended to secure the rights and privileges of a free people.
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ENGRA'VER, n. One who engraves; a cutter of letters, figures or devices, on stone, metal or wood; a sculptor; a carver.


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The Three Different Types of Patents Issued By The USPTO Utility patents may be granted to anyone who invents a useful process, a machine, an article of manufacture, or a composition of matter. Examples: fiber optics, computer hardware, or medications. Utility patent can be provisional or non-provisional. Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture. Examples: the look of an athletic shoe, a bicycle helmet, and the Star Wars characters. Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plants. Examples: Hybrid tea roses, Silver Queen corn, Better Boy tomatoes
Who owns a patent? Patents are granted only in the name or names of the actual inventors. An inventor may sell, will, transfer or give all or any percentage of the rights to a patent to anyone. This is called patent assignment. Patents can also be licensed exclusively or non-exclusively.
You Can't Be Too Obvious Even if you don't find the prior art to prove it - you will not get a patent if your invention is not different enough from similiar inventions that are already out there. A patent maybe refused if the differences between your invention and another invention are too obvious. Your invention must be sufficiently different from what has been used or described before that it may be said to be nonobvious to a person having ordinary skill in the area of technology related to your invention . For example, the substitution of one material for another, or changes in size, are ordinarily not patentable. You can't paint it red and make it twice as big and expect a patent. Another example of "nonobvious to a person having ordinary skill in the area of technology related to your invention" could be the following. An electronics engineer looks at a circuit board and observes that it is just like another circuit board except that a few parts are substituted. Someone who is not familiar with circuit boards may not understand that the two boards are very similar, however, someone with training thinks that it is obvious. You would want the electronics engineer to look at the circuit board that you want to patent and say, "heah, why didn't I think of that!"
USPTO Fees The USPTO charges fees at every step of the patent process and these fees are the only fixed cost in the process. The USPTO charges a required $330 to file an application, $540 for a search, $220 for an examination, $1,510 to issue the patent if it passes the examination, plus $7,750 in maintenance fees over the 20 years that the patent is in force. Hence, the total to file and go through the process is $1,090, but the total to receive the patent and keep it in force is $10,350. Note that independent inventors and small businesses receive a 50 percent discount on fees but that the USPTO charges more for extra or late paperwork.
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.

Learn more about U.S. patents:

Patent # 7,654,321 ()
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