What Does New or Novelty Mean?
In order for an invention to be patentable it must be new as defined by patent law . An invention cannot be patented if: The invention was known or used by others in the United States, or patented or described in a printed publication in the United States or a foreign country, before the current applicant filed for his or her patent. Someone else has made the same invention as you did. The invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country more than one year prior to the application for patent in the United States. You or somebody else revealed your invention more than a year ago to the public.The Main Reason Why
You have to do (or hire someone else to do) a patent search before investing in the cost of patenting . Even if you hire someone else to do the patent search for you and that is highly recommended for beginners - do a preliminary search yourself and bring that research to the intellectual property attorney or agent that you hire . Doing so will save you money, plus provide the other benefits mentioned above.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.Direct-Hire Professional Search
If you want to save lawyer fees and mark-ups, consider going directly to a patent search firm. Searchers are best found through inventor grapevines, inventor associations, or university intellectual property departments. In larger cities, you can also check the Yellow Pages under "patent searchers." But be careful not to fall into a trap set by some disreputable invention marketing organizations. They list themselves in the phone book under "patent searchers" with a toll-free number. This is another way they hook unsuspecting inventors into service contracts. Get all the facts up front. Some reputable searchers ask for money up front if they don't know you. This is understandable. Just be sure you get the cost of the search beforehand, and get—and check—references. The cost to search a utility patent in the Washington, D.C., area runs between $500 and $1,000. It is roughly $100 per hour for a competent search. Once the search has been completed, if you want to obtain an opinion on the patentability of your invention, add the cost of your lawyer. If you need to show a prospective licensee that your invention has a good shot at a patent or that it's unlikely to infringe on an existing product, a letter from competent patent counsel may do the trick.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.