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.Non-Provisional Application
Although you can convert a provisional application into a non-provisional application, the USPTO recommends filing a separate non-provisional application that references the earlier provisional one. Doing so can extend the time your invention is protected by up to one year. A non-provisional application includes a lengthy written document with a description of your invention and all the things you claim you invented, as well as drawings, an oath or declaration and fees for the filing, research and examination of the application. The USPTO recommends using a registered patent attorney to draft and file your non-provisional application. USPTO regulations include specific requirements for the format of applications and the necessary drawings -- and examiners reject applications that don't meet these requirements.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!"patented invention
When you conduct the online patent searches, you'll be able to read the full text of the patents and see diagrams. Don't be discouraged if you do find your invention idea is already patented. You may be able to come up with a variation that's not patented...And double check the patent. Sometimes, what looks like the same invention idea may actually be quite different. Some of the free searches may not involve a complete search of all granted patent archives and patent applications for all time. You may want to consider hiring a registered patent attorney to find this information for you.What Is A Patent?
It is just like a property right for the inventor. All U.S. patents are issued by the United States Patent and Trademark Office or USPTO. Most patents last for twenty years. The twenty years begins on the date the application for a non-provisional or provisional patent was first filed. A patent gives you the right to exclude others from making, using, offering for sale, or selling your invention in the United States or importing your invention into the United States. Once a patent is issued, it becomes your responsibility to enforce the patent, the USPTO will not enforce your rights for you. From the USPTO you are only granted rights that are honored within the United States, U.S. territories, and U.S. possessions.