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.What can be patented?
Utility patents protect inventions that are a novel, nonobvious, and usefulThe Three Different Types of Patents Issued By The USPTO
Utility patents may be granted to anyone who invents a useful process, a machine, an article of manufacture, or a composition of matter. Examples: fiber optics, computer hardware, or medications. Utility patent can be provisional or non-provisional. Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture. Examples: the look of an athletic shoe, a bicycle helmet, and the Star Wars characters. Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plants. Examples: Hybrid tea roses, Silver Queen corn, Better Boy tomatoesHow to Find Out if Your Invention Idea is Already Patented
If you have an idea for an invention, before you patent it you should check to see if it's already been invented by some other inventor in the past. Though actually, whether or not it's been invented, what you'll want to do is find out whether it's been patented before with the USPTO (the United States Patent and Trademark Office). Here you'll learn how to search patents to find out if your invention idea is already patented or if you should redirect your brainstorming to another invention idea. Have a question? Get an answer from a lawyer now!How To Qualify for a Patent
Difficulty: Hard - Time Required: Variable - Ask yourself if your invention can be adequately described or enabled -- can someone in the same field make and use it? Can you make your claim to the invention in clear and definite terms? A patent cannot be obtained upon a mere idea or suggestion and to obtain a patent, you need to be able to describe all aspects of your invention.