Meaning of Novel, Nonobvious, and Useful
New and Novel: For a United States patent the invention must never have been made public in any way, anywhere in the world, a year before the date on which an application for a patent is filed. Original and Nonobvious: An invention involves an inventive step if, when compared with what is already known, it would not be obvious to someone with a good knowledge and experience of the subject, for example, if you just make cosmetic changes that is obvious. Useful: This means that the invention must take the practical form of an apparatus or device, it has to do something.patented invention
When you conduct the online patent searches, you'll be able to read the full text of the patents and see diagrams. Don't be discouraged if you do find your invention idea is already patented. You may be able to come up with a variation that's not patented...And double check the patent. Sometimes, what looks like the same invention idea may actually be quite different. Some of the free searches may not involve a complete search of all granted patent archives and patent applications for all time. You may want to consider hiring a registered patent attorney to find this information for you.Do A Patent Search Early In The Invention Process.
There is nothing more valuable than a patent search when you have a new idea. The reason a search is so valuable is that this single step can save the average inventor a fortune. Many times you will find your invention has already been patented. If that is the case and the patent is still active, i.e. less than 17-20 years old in most cases, you will either want to change your idea or start over with a new concept. Often there is no point in pursuing an idea that has already been patented if your idea infringes the patent. Your goal as an inventor should be to seek out reasons why your invention will not work and will not make you money. This is hard for most people to understand.What is reissue?
Patent law states "On taking up an application for examination or a patent in a reexamination proceeding, the examiner shall make a thorough study thereof and shall make a thorough investigation of the available prior art relating to the subject matter of the claimed invention." This means that prior art could disqualify your application for a patent.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.