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.What can be patented?
Utility patents protect inventions that are a novel, nonobvious, and usefulThe Poor Man's Patent is a Myth
One of the undying myths of Patent World is that there is such a thing as a Poor Man's Patent. If you've never heard of it, the poor man's patent involves writing out a description of your invention and mailing that description to yourself. The transmission of this description through the mail and the cancelling of the postage by the Post Office is supposed to establish a date of invention for you. That way if someone steals your invention or comes along and invents it independently, you have "proof" that you invented it first. The proof is in the sealed envelop and the date the postage was cancelled.USPTO Fees
The USPTO charges fees at every step of the patent process and these fees are the only fixed cost in the process. The USPTO charges a required $330 to file an application, $540 for a search, $220 for an examination, $1,510 to issue the patent if it passes the examination, plus $7,750 in maintenance fees over the 20 years that the patent is in force. Hence, the total to file and go through the process is $1,090, but the total to receive the patent and keep it in force is $10,350. Note that independent inventors and small businesses receive a 50 percent discount on fees but that the USPTO charges more for extra or late paperwork.Don't Talk About It
If the invention has been described in a printed publication anywhere in the world, or if it has been in public use or on sale in the United States before the date that the applicant made his/her invention, a patent cannot be obtained. If the invention has been described in a printed publication anywhere, or has been in public use or on sale in this country more than one year before the date on which an application for patent is filed in this country, a patent cannot be obtained. In this connection it is immaterial when the invention was made, or whether the printed publication or public use was by the inventor himself/herself or by someone else. If the inventor describes the invention in a printed publication or uses the invention publicly, or places it on sale, he/she must apply for a patent before one year has gone by, otherwise any right to a patent will be lost.