If you have an invention and are visiting this site, I assume that have already done a search on the internet and in your local stores to see if your idea is already around.
Most likely, you’ve found similar products but none that are quite the same as yours. Many people that call me are in this exact situation.
They often say, I had a great idea before but I didn’t do anything and now I’ve found it being sold all around. This time I want to protect my idea but I don’t know what to do next.
After determining that your invention has patentable subject matter, the next step is to determine whether your invention can be patented. This requires an assessment as to whether your invention meets the two criterion of being new and unobvious.
I discuss these criterion at length in another video in this series. In simple terms, new simply means that nothing exactly like it is known. Unobvious means that the difference between the existing patents and your
invention would be considered by someone skilled in related technology to be beyond the scope of “anyone would think of doing that.” For example, making a well know clothes hanger of a different material.
Once you decide that your invention is worthwhile to protect it with a Patent, it is highly advisable to first conduct a preliminary Patentability search of patents, pending patent applications and printed
publications to make sure that your idea has not already been patented or disclosed.
There is a natural tendency try and search your idea on the databases located on the internet.
In fact, I often recommend that clients do an initial search themselves in the event thy find their exact idea. However, your search may miss important patents that could
prevent you from obtaining a patent on your invention.
The reason is when searching, you’ll use search terms that relate to your invention. For example, if you have a new can opener
using a laser for cutting, you’ll probably use can opener and laser for the search terms.
However, often there are patents that relate to your invention but use different terms such as container openers and amplified
radiation. In that case, you can miss the relevant patents and you’ll begin a lengthy, expensive process without knowing what you might be facing.
Patent searching is very difficult, particularly for the novice, because patent searching is a learned skill that takes years to master. The best advice is to have a patent professional handle the patent search.
Post Date: January 28, 2013
