The Average Cost to Patent an Invention
No entity that works professionally with the patent process publishes any average of the cost involved in patenting an invention. The U.S. Patent and Trademark Office simply publishes a list of the office fees, while the magazine IP publishes some ballpark numbers qualified with pages of discussion and the law firm Oppedahl Patent Law throws out a few numbers. state that an invention's complexity greatly determines the cost of the patent process.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.Patent Searching 101: A Patent Search Tutorial
Inventors and entrepreneurs who are looking to cut costs frequently want to do their own search. This is a wise first move, but you really need to be careful. It is quite common for inventors to search and find nothing even when there are things that could and would be found by a professional searcher. So while it makes sense to do your own search first, be careful relying on your own search to justify spending the thousands of dollars you will need to spend to ultimately obtain a patent. In other words, nothing in this article should be interpreted as me suggesting that inventors can or should forgo a professional patent search. There is simply no comparison between an inventor done patent search and a patent search done by a pro. Having said that, every inventor should spend time searching and looking if for no other reason than to familiarize themselves with the prior art. Of course, if you can find something that is too close on your own you save time and money and can move on to whatever invention/project is next. Another thing you MUST know about when you use Google Patent Search is that there are also some holes in the database. I have specifically looked for patents I know to exist and cannot always find them. I have heard the same experience from other patent attorneys and agents. Additionally, the most recent patents are not available on Google. What this means is you cannot only rely on Google, but you still must use Google. The Google database covers patents that are issued all the way back to US Patent No. 1. This scope is much broader than either Free Patents or the USPTO . So while you might not find everything, while it is difficult to specifically narrow your search, you still really need to check yourself using the Google database to see if there are old references that might be on point. In this case there are not many to choose from. Many times, however, the list will contain hundreds or even thousands of patents depending upon the popularity of the term or phrase selected. For example, if you search "SPEC/thermos", you will find hundreds of patents that use this word in the specification. In fact, at the time this sample search was conducted (March 16, 2012) no fewer than 970 US patents have the word "thermos" in the specification, and that is only for patents issued since 1976. So what should you do now? If you find too many patents, rework the specification field search. For example, if your search were "SPEC/thermos and SPEC/beverage" you get down to 200 US patents. Ultimately, upon receiving manageable results, just click on several of the patents. The key, however, is to start off broad and then narrow your way down to those that are the most likely relevant references. Also remember that it is critically important to figure out what things are called. I cannot stress this enough. You need to use different names and labels. You will find that patent attorneys typically call certain features by a select few names. These names are not always obvious, but once you figure out what the industry calls something you are far more likely to find relevant patents.What Is A Patent?
It is just like a property right for the inventor. All U.S. patents are issued by the United States Patent and Trademark Office or USPTO. Most patents last for twenty years. The twenty years begins on the date the application for a non-provisional or provisional patent was first filed. A patent gives you the right to exclude others from making, using, offering for sale, or selling your invention in the United States or importing your invention into the United States. Once a patent is issued, it becomes your responsibility to enforce the patent, the USPTO will not enforce your rights for you. From the USPTO you are only granted rights that are honored within the United States, U.S. territories, and U.S. possessions.Provisional Application
If you have a patentable invention, filing a provisional patent application can provide temporary protection of your intellectual property rights while you develop your idea further or seek funding. Provisional applications have a lower fee than non-provisional applications -- and you don't have to make formal claims or provide the same level of detail about your invention. Additionally, provisional applicants don't have to wait for the USPTO to examine the contents of the application. Your provisional application is valid 12 months from the date you file it -- and you can use the phrase "patent pending" in connection with your invention during that time.