how do i know if my idea has been patented
Checking to see if your idea has already been invented before applying for a patent saves you time and money. A patent gives you exclusive rights to the product or idea you invented and a way to fight intellectual property theft. The United States Patent and Trademark Office checks your idea against existing patients and pending applications during the application process. Your patent will be rejected if it's too similar to an existing patent, costing you the application fee. While you might find ideas that are similar to yours, you can still patent your idea as long as you show on the application how your take on the patent object is new. You can search for existing patents using various methods, including the USPTO's online database or in person at a field office.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.How to Conduct a Patent Search
To get a basic understanding of patent searches read Searching For Students and in particular read Searching Using Key Words . It was written for students; however, if you can look past the cute language it will quickly get you reading and searching patents online within minutes. It will not be enough to do a diligent (complete) search for prior art by only using the Internet. For that you would need to understand the patent classification system and be prepared to do days or even weeks of research.Provisional Application
If you have a patentable invention, filing a provisional patent application can provide temporary protection of your intellectual property rights while you develop your idea further or seek funding. Provisional applications have a lower fee than non-provisional applications -- and you don't have to make formal claims or provide the same level of detail about your invention. Additionally, provisional applicants don't have to wait for the USPTO to examine the contents of the application. Your provisional application is valid 12 months from the date you file it -- and you can use the phrase "patent pending" in connection with your invention during that time.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."