What You Can Patent
A patent provides you with the right to keep others from making and selling your invention for up to 20 years. The most common type of patent, a utility patent, protects rights in new and useful processes, machines and other things. These patents also can protect rights in non-obvious improvements made to existing things. To determine if your invention is patentable, you must first research all previous patents and other publicly disclosed inventions to ensure that no one else has already patented something similar. Because this process can be difficult and complicated, the U.S. Patent and Trademark Office recommends hiring a registered patent attorney to conduct the search for you.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.Who can apply for a patent?
A patent must be applied for only in the name(s) of the actual inventor(s). However, the inventor can sell or assign the patent to someone else. Prior art includes any patents related to your invention, any published articles about your invention, and any public demonstrations. This determines if your idea has been patented before or publicly disclosed making it unpatentable.The 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.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!"