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.The Joys of Conducting a Patent Search
A patent search involves searching different databases to see if your idea has already been patented, to know if you can patent your idea. The results of a good patent search should reveal any identical, similar, or partially similar inventions to the one you might patent. As a bonus, viewing and reading already issued patents will: help you to write your patent application, help you understand your competition, help you avoid patent infringement, help you learn more about your field of inventionPatent Attorney Directed Search
Going through a lawyer to search patents will cost the least amount of time and the most money. Patent attorneys employ professional researchers. You hire the attorney, and the attorney gets someone to conduct the search. Then the attorney adds a mark-up to the search bill, sometimes as much as several hundred percent. Many lawyers cloak this in the term handling fee. To save this extra expense, some inventors hire their own researcher or do the search themselves. Most patent attorneys don't render an opinion based on a search conducted by anyone other than their own searcher. However, you can tell a lawyer that if they won't accept the work of your search firm, or searches done by yourself, you will go elsewhere where such work would be acceptable. If you're paying the bills, and you're willing to take the risk, the lawyer shouldn't have a problem. Now, if the search results show no prior art in my field of invention, you don't need an attorney to tell me the coast is clear. Conversely, if a search reveals prior art that's spot on your invention, you don't need an attorney to tell me my idea has been done before. You might, on the other hand, hire an attorney to help end-run an existing patent through the use of language in the application. If you hire a lawyer, get a quote in advance. The fee will be based on how all-encompassing you want the search to be.Guide To Patenting And USPTO Patent Applications - What can be patented? What does novelty mean?
In legal terms, any person who invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof , may obtain a patent, subject to the conditions and requirements of the law. A process is defined by law as a process, act or method, and primarily includes industrial or technical processes. A process is the way an invention performs rather than the way it is structured. Computer software performs a certain way, it makes certain processes. Another example would be the process for making a drug. Machine should need no explanation. The term manufacture refers to articles which are made, and includes all manufactured articles.is my idea patentable
Have you ever had an idea for some gadget to make life easier and wondered if it had been invented yet? Ever thought about selling your invention and needed to know if someone already beat you to it? One way to find these answers is to look for patents on similar gadgets and determine whether your invention is unique.