Reply #3: Actually, the on-line search is now... [View All]

... pretty comprehensive:

http://www.uspto.gov

The process is actually quite simple, but the details are wearing and sometimes expensive.

The patent must be filed along with a filing fee. The patent office then does their own review to see first if it is a patentable process or device (automatic rejection of perpetual-motion devices and such), and then does a search for other similar patents.

If your application is similar to others, then you get a notice of rejection. You can appeal this, but the examiners usually know their stuff. At that point, you must determine whether or not your device or process is unique enough to file a modification to a previous patent (this is known as an improvement on prior art).

The details are the cruncher. The patent searches are exhausting and time-consuming. This is why so many companies leave it up to patent lawyers. The artwork, abstract and patent definition must follow a specific format. The filing fees are not horribly expensive, but they're high enough that one doesn't want to repeatedly have an application rejected for technical errors.

Fees went up Oct. 1st, basic fee for you would be $385, with the fee increasing with increasing numbers of dependent claims (invention shares prior art from multiple patents, or there are multiple modifications to the patent after application).

First bit of advice--stay away from the patent law firms advertising in magazines such as Popular Mechanics, etc. Some may be honest, many have been shown not to be. If you finally feel that you need a patent lawyer, ask around, state bar association, etc., because even with a reputable patent lawyer, the fees can be extraordinary.

Hope that helps.

Cheers.