How to Do a Patent Search For New Inventors and Students
Finding patents with a patent search is almost like being a detective. Have you ever gotten a cool toy or seen an interesting gadget and wondered how or who created it? When someone invents a new toy or gadget, they usually get a patent for it. A patent is a way that inventors can protect their ideas.How do I know if my idea is patentable?
First, check to see if your idea qualifies. Second, learn the basics of the patenting process. Next, do a search for of all previous public disclosures that concern your invention. These public disclosures are called prior art. A registered patent attorney or agent can be hired to do a patentability search for prior art, and a big part of that is searching for U.S. and foreign patents that compete with your invention. After an application is filed, the USPTO will conduct their own patentability search as part of the official examination process.Has someone else already done this?
As an inventor, one of your first thoughts when you come up with the Mother of All Ideas is probably, Has someone else already done this? The only way to know for sure if you're the first is through a patent search. The search will tell you if your idea has been patented already and, if so, whether the patent is still in force. Here's how you do it.How Much Does It Cost For a Patent?
The U.S. Patent and Trademark Office (USPTO) establishes fees for patenting unique, non-obvious inventions. Because there are different types of patents, these fees vary, depending on those due at the time of the initial application and during the maintenance intervals required during a patent's 20-year life. A filing fee, search fee and examination fee are due with an initial application. Patent applications with more than 3 claims are subject to additional charges. It is important to note that fee structures are not static. The below represent the USPTO 2009 fee schedule and apply to patents filed on or after December 8, 2004. Initial Filing Fee - The initial filing fee for a utility patient is $330. Initial filing fees for design and plant patents are $220. Patent Search Fees - The search fee is $540 for a utility patent; $100 for a design patent; and $330 for a plant patent. Patent Examination Fees - The examination fee is $220 for a utility patent; $140 for a design patent; and $170 for a plant patent. Patent Maintenance Fees - The maintenance fee for patents is $980 at the 3.5-year interval; $2,480 at the 7.5-year interval; and $4,110 at the 11.5-year interval. Other Applicable Fees - Other fees may be necessary during the prosecution of a patent and the patent's 20-year term. These may include extension of time fees, post-issuance fees, financial service (administrative) fees and trademark processing fees. Additional fees will be incurred if a patent application needs to be appealed. Fees for Additional Claims - If a patent application contains more than 3 claims, an additional $220 is charged (per claim). The cost of more than 10 claims is $52 per claim.What Does Useful Mean?
The patent law specifies that inventions must be useful, which means have a useful purpose. Being useful also includes operativeness, meaning that an invention must operate or perform its intended purpose.