The Patent Classification System
Patents are organized by class and subclass of invention , similar to the way books are organized in a library). By using the classification system , you can find and examine patents that are in the same field (class) as your idea. The tutorial How to Conduct a Patent Search will introduce you to this form of searching, however, this is difficult material to master.Guide To Patenting And USPTO Patent Applications - What can be patented? What does novelty mean?
In legal terms, any person who invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof , may obtain a patent, subject to the conditions and requirements of the law. A process is defined by law as a process, act or method, and primarily includes industrial or technical processes. A process is the way an invention performs rather than the way it is structured. Computer software performs a certain way, it makes certain processes. Another example would be the process for making a drug. Machine should need no explanation. The term manufacture refers to articles which are made, and includes all manufactured articles.how to check if an idea has been patented
There is no EASY way. If your invention is a new can opener, an existing patent for the same idea may never use the words can opener. For example, it may be described in broader terms: container de-sealer or metal wall scissor. The patent offices classification system helps a bit, but not much. Inventors tend not to want to find their invention, so, they type in --can opener-- and look at a few and say they couldn't find it. You have to look for it like you want to find it. try different search terms. when you find one thats close, look at the references cited in that application and look for other patents wherein the close one was cited.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.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.