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.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.Patentability Search
If you do a quick search and don't find your idea the next step is to get a professional patent search. Why? Because a professional patent searcher will find the patents that you cannot. If you are an inventor that is interested in making money from your idea you want to know what other people have patented. Almost always it is money well spent. If a professional search turns up patents that are similar to your idea, you can make an informed decision whether you move forward with the idea or not. If nothing turns up in a professional search it can energize you to finish evaluating and developing your idea. Now could be a good time to get a patent. Check out how to patent an invention. Both outcomes are equally important and you should celebrate either one. When you find your great idea has already been patented you can pat yourself on the back for saving thousands of dollars and lots of hours of your time. If your idea turns out to be original and you decide to pursue it, get to work. Inventors really can make a lot of money with an original product idea.Why Perform a Patent Search?
The classic reason to perform a patent search is to assure an inventor that no previous patent interferes with the inventor's plan to file a patent application. Other reasons include: learning more about a new field of technology, For market information,In order to track the intellectual property of competitors.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.