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.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.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.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.Is my invention already patented?
Determine if your invention is novel by doing a "prior art" or patent search, find out if someone else has already patented your idea. An inventor or hired professional can conduct a search of the USPTO records.