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.How to Do a Patent Search For New Inventors and Students
Finding patents with a patent search is almost like being a detective. Have you ever gotten a cool toy or seen an interesting gadget and wondered how or who created it? When someone invents a new toy or gadget, they usually get a patent for it. A patent is a way that inventors can protect their ideas.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.Utility patents
Utility patents are for either a: process, machine, article of manufacture, composition of matter or an improvement of any of the above. Patent protection is also available for (1) ornamental design of an article of manufacture (design patent) or (2) asexually reproduced plant varieties by design and plant patents (plant patent).Is my invention already patented?
Determine if your invention is novel by doing a "prior art" or patent search, find out if someone else has already patented your idea. An inventor or hired professional can conduct a search of the USPTO records.