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!"Patent Myths
Patents are valuable - Patents may have commercial value but that usually depends upon how it has been used. A patent means the invention works as verified by the government - The U.S. government does not test inventions to see if they work. A patent gives the owner the exclusive right to make, use, and sell the invention - A patent gives its owner the right to EXCLUDE others from making, using, and selling exactly what is covered by their patent claims. A holder of a prior patent with broader claims may prevent the inventor whose patent has narrower claims from using the inventor's own patent. A patent right is exclusory only.how do i know if my idea has been patented
Checking to see if your idea has already been invented before applying for a patent saves you time and money. A patent gives you exclusive rights to the product or idea you invented and a way to fight intellectual property theft. The United States Patent and Trademark Office checks your idea against existing patients and pending applications during the application process. Your patent will be rejected if it's too similar to an existing patent, costing you the application fee. While you might find ideas that are similar to yours, you can still patent your idea as long as you show on the application how your take on the patent object is new. You can search for existing patents using various methods, including the USPTO's online database or in person at a field office.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.Do a Patent Search
Would you like to see a real patent ? You can! Finding patents is almost like being a detective. A patent search is something that all inventors have to do before they can patent their invention. It lets inventors find out if anyone else has ever invented the same invention. Another benefit is that conducting a patent search is also a great way to find out about the history of old inventions.