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 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."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.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.Non-Provisional Application
Although you can convert a provisional application into a non-provisional application, the USPTO recommends filing a separate non-provisional application that references the earlier provisional one. Doing so can extend the time your invention is protected by up to one year. A non-provisional application includes a lengthy written document with a description of your invention and all the things you claim you invented, as well as drawings, an oath or declaration and fees for the filing, research and examination of the application. The USPTO recommends using a registered patent attorney to draft and file your non-provisional application. USPTO regulations include specific requirements for the format of applications and the necessary drawings -- and examiners reject applications that don't meet these requirements.