Filing and Examination Process
The USPTO accepts applications filed electronically as well as paper applications delivered by mail. However, since 2011, the USPTO charges an additional fee for non-electronic applications. Fees cover the USPTO's cost to examine your application and are non-refundable regardless of whether the examiner grants your application. Fees vary depending on the size of your organization and the number of claims you make. Because the amount changes every year, the USPTO recommends checking the current fee schedule before you file your application. The backlog of applications means it can take one to two years before an examiner takes his first action on your application. If he rejects any or all of your claims, you have the opportunity to reply and amend your application before a final decision is made. If the examiner grants your patent, you must pay additional fees for the patent to be issued and published.Utility patents
Utility patents are for either a: process, machine, article of manufacture, composition of matter or an improvement of any of the above. Patent protection is also available for (1) ornamental design of an article of manufacture (design patent) or (2) asexually reproduced plant varieties by design and plant patents (plant patent).Patent Searching 101: A Patent Search Tutorial
Inventors and entrepreneurs who are looking to cut costs frequently want to do their own search. This is a wise first move, but you really need to be careful. It is quite common for inventors to search and find nothing even when there are things that could and would be found by a professional searcher. So while it makes sense to do your own search first, be careful relying on your own search to justify spending the thousands of dollars you will need to spend to ultimately obtain a patent. In other words, nothing in this article should be interpreted as me suggesting that inventors can or should forgo a professional patent search. There is simply no comparison between an inventor done patent search and a patent search done by a pro. Having said that, every inventor should spend time searching and looking if for no other reason than to familiarize themselves with the prior art. Of course, if you can find something that is too close on your own you save time and money and can move on to whatever invention/project is next. Another thing you MUST know about when you use Google Patent Search is that there are also some holes in the database. I have specifically looked for patents I know to exist and cannot always find them. I have heard the same experience from other patent attorneys and agents. Additionally, the most recent patents are not available on Google. What this means is you cannot only rely on Google, but you still must use Google. The Google database covers patents that are issued all the way back to US Patent No. 1. This scope is much broader than either Free Patents or the USPTO . So while you might not find everything, while it is difficult to specifically narrow your search, you still really need to check yourself using the Google database to see if there are old references that might be on point. In this case there are not many to choose from. Many times, however, the list will contain hundreds or even thousands of patents depending upon the popularity of the term or phrase selected. For example, if you search "SPEC/thermos", you will find hundreds of patents that use this word in the specification. In fact, at the time this sample search was conducted (March 16, 2012) no fewer than 970 US patents have the word "thermos" in the specification, and that is only for patents issued since 1976. So what should you do now? If you find too many patents, rework the specification field search. For example, if your search were "SPEC/thermos and SPEC/beverage" you get down to 200 US patents. Ultimately, upon receiving manageable results, just click on several of the patents. The key, however, is to start off broad and then narrow your way down to those that are the most likely relevant references. Also remember that it is critically important to figure out what things are called. I cannot stress this enough. You need to use different names and labels. You will find that patent attorneys typically call certain features by a select few names. These names are not always obvious, but once you figure out what the industry calls something you are far more likely to find relevant patents.how do i know if my idea has been patented
Checking to see if your idea has already been invented before applying for a patent saves you time and money. A patent gives you exclusive rights to the product or idea you invented and a way to fight intellectual property theft. The United States Patent and Trademark Office checks your idea against existing patients and pending applications during the application process. Your patent will be rejected if it's too similar to an existing patent, costing you the application fee. While you might find ideas that are similar to yours, you can still patent your idea as long as you show on the application how your take on the patent object is new. You can search for existing patents using various methods, including the USPTO's online database or in person at a field office.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.