Do A Patent Search Early In The Invention Process.
There is nothing more valuable than a patent search when you have a new idea. The reason a search is so valuable is that this single step can save the average inventor a fortune. Many times you will find your invention has already been patented. If that is the case and the patent is still active, i.e. less than 17-20 years old in most cases, you will either want to change your idea or start over with a new concept. Often there is no point in pursuing an idea that has already been patented if your idea infringes the patent. Your goal as an inventor should be to seek out reasons why your invention will not work and will not make you money. This is hard for most people to understand.Is my idea already patented?
Most inventors dont really want to find their invention in someone elses patent, so the spend 5 minutes looking and then declare that they can't find it. It takes longer than that. If your invention is a mouse trap, you might find it by searching for those words...but the killer patent might instead describe a rodent restriction device or an automatic small animal containment system. Look for it like you want to find it. Talk to a registered patent attorney for immediate advice on protecting your idea (in the form of a provisional patent) while you determine if it is worth pursuing, in view of a preliminary search of related inventions, patented or not. Even if you don't find any "patents" showing your idea used in an invention, it could still be unpatentable because someone else used it or described it before you filed your provisional application.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!"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.The Patent Classification System
Patents are organized by class and subclass of invention , similar to the way books are organized in a library). By using the classification system , you can find and examine patents that are in the same field (class) as your idea. The tutorial How to Conduct a Patent Search will introduce you to this form of searching, however, this is difficult material to master.