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 Average Cost to Patent an Invention
No entity that works professionally with the patent process publishes any average of the cost involved in patenting an invention. The U.S. Patent and Trademark Office simply publishes a list of the office fees, while the magazine IP publishes some ballpark numbers qualified with pages of discussion and the law firm Oppedahl Patent Law throws out a few numbers. state that an invention's complexity greatly determines the cost of the patent process.The Main Reason Why
You have to do (or hire someone else to do) a patent search before investing in the cost of patenting . Even if you hire someone else to do the patent search for you and that is highly recommended for beginners - do a preliminary search yourself and bring that research to the intellectual property attorney or agent that you hire . Doing so will save you money, plus provide the other benefits mentioned above.Who can apply for a patent?
A patent must be applied for only in the name(s) of the actual inventor(s). However, the inventor can sell or assign the patent to someone else. Prior art includes any patents related to your invention, any published articles about your invention, and any public demonstrations. This determines if your idea has been patented before or publicly disclosed making it unpatentable.More on Prior Art
Remember, while patent searching is a big part of prior art , it is not everything. If someone has made your invention before you without patenting that still counts against your patentablity. A complete search for prior art might include for example: searching non-patent literature such as any magazine, newspaper, or trade paper article written about inventions like yours also a complete search would include international patent documents (online) and not just those found at the USPTO. Do not make the mistake of believing that just because no one else is selling your product that it does not already exist. After determining that your idea is patentable and qualifies for a patent - you now need to decide if the expense of patenting is worth it.