Is my idea already patented?
Most inventors dont really want to find their invention in someone elses patent, so the spend 5 minutes looking and then declare that they can't find it. It takes longer than that. If your invention is a mouse trap, you might find it by searching for those words...but the killer patent might instead describe a rodent restriction device or an automatic small animal containment system. Look for it like you want to find it. Talk to a registered patent attorney for immediate advice on protecting your idea (in the form of a provisional patent) while you determine if it is worth pursuing, in view of a preliminary search of related inventions, patented or not. Even if you don't find any "patents" showing your idea used in an invention, it could still be unpatentable because someone else used it or described it before you filed your provisional application.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.Patentability Search
If you do a quick search and don't find your idea the next step is to get a professional patent search. Why? Because a professional patent searcher will find the patents that you cannot. If you are an inventor that is interested in making money from your idea you want to know what other people have patented. Almost always it is money well spent. If a professional search turns up patents that are similar to your idea, you can make an informed decision whether you move forward with the idea or not. If nothing turns up in a professional search it can energize you to finish evaluating and developing your idea. Now could be a good time to get a patent. Check out how to patent an invention. Both outcomes are equally important and you should celebrate either one. When you find your great idea has already been patented you can pat yourself on the back for saving thousands of dollars and lots of hours of your time. If your idea turns out to be original and you decide to pursue it, get to work. Inventors really can make a lot of money with an original product idea.How To Conduct a Patent Search
you can do a patent search online. The U.S. Patent and Trademark Office (1790 - Present) and Delphion (1974 - Present) both provide free online databases. You can searching using keywords or phrases that describes your invention. Look for common terms describing the invention and its function, effect, end-product, structure, and use. The results will list the title and number of all patents related to your keywords (l976 forward only). The title link will take you to the full text of the patent. You will not be able to do a complete search online for a pre-1976 patent unless you know the exact patent number. With online patent be sure to examine other referenced patents that the inventor has listed.You Can't Be Too Obvious
Even if you don't find the prior art to prove it - you will not get a patent if your invention is not different enough from similiar inventions that are already out there. A patent maybe refused if the differences between your invention and another invention are too obvious. Your invention must be sufficiently different from what has been used or described before that it may be said to be nonobvious to a person having ordinary skill in the area of technology related to your invention . For example, the substitution of one material for another, or changes in size, are ordinarily not patentable. You can't paint it red and make it twice as big and expect a patent. Another example of "nonobvious to a person having ordinary skill in the area of technology related to your invention" could be the following. An electronics engineer looks at a circuit board and observes that it is just like another circuit board except that a few parts are substituted. Someone who is not familiar with circuit boards may not understand that the two boards are very similar, however, someone with training thinks that it is obvious. You would want the electronics engineer to look at the circuit board that you want to patent and say, "heah, why didn't I think of that!"