how to check if an idea has been patented
There is no EASY way. If your invention is a new can opener, an existing patent for the same idea may never use the words can opener. For example, it may be described in broader terms: container de-sealer or metal wall scissor. The patent offices classification system helps a bit, but not much. Inventors tend not to want to find their invention, so, they type in --can opener-- and look at a few and say they couldn't find it. You have to look for it like you want to find it. try different search terms. when you find one thats close, look at the references cited in that application and look for other patents wherein the close one was cited.Who can apply for a patent?
A patent must be applied for only in the name(s) of the actual inventor(s). However, the inventor can sell or assign the patent to someone else. Prior art includes any patents related to your invention, any published articles about your invention, and any public demonstrations. This determines if your idea has been patented before or publicly disclosed making it unpatentable.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.Patent 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.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.