patent law...how does it work?

she-bear just had an excellent idea. bordering on brilliance in my humble opinion. how does one fing out if it's been already patented ?

thanks

trademark office and search their records by yerself.

They've been trying to put all their stuff online, but I'm not sure how far along they are, so you might also want to do a google search (or go right to the patent and trademark office's dot gov site).

Short of that, you can hire a firm to do the search for you for $$$$$.

... 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.

http://www.uspto.gov/

on edit: read the important disclaimer tho---only includes patents issued since 1976, etc....

So if you DON't find yer invention listed there, your next step will be to hire someone to do a full patent search for you, methinks.

I did most of the work myself, and then got a patent lawyer to finish it up.
I bought a book entitled "Patent it Yourself" by David Pressman (Nolo Press). It's excellent, comes with a CD-ROM containing all of the necessary forms, and I believe, is updated yearly to reflect changes in the law. It was a great introduction to the legal requirements, the different kinds of patent, etc. It shows you how to evaluate your idea for both patentability and commercial viability, how to keep proper documentation as you are developing your idea, how to decide if your idea is worth pursuing, how to do a patent search for previous inventions, how to draft specs, etc. As I was developing my idea, I was working through the book, my invention passed test after test, and was getting refined, and I was actually writing the patent application.
The final portion of the patent application has to include specific claims clearly differentiating your invention from all "prior art". Although I write well and think well, I foundered in writing the claims. The specific language, format, and modes of thought required for patent claims are unique, and critical to the success of the application. (Patent law is its own little specialty, and totally distinct from any other area of law. Such details as whether one uses inductive or deductive language in a claim can totally change the meaning of the claim.) So, I submitted to the USPTO a Provisional Patent Application. This is essentially a patent application sans claims, and promises to provide said claims within 1 year. I then went to a patent lawyer and she completed the work of the application. Although some lawyers don't want to take a project on which the client has worked, she felt that I had done a good job, and saved myself some money in the process.
It turned out that there was someone with a very similar idea to mine who completed the application himself, totally screwed it up and got a narrow, useless patent while I received a broad coverage. The end result? His invention is almost dead in the water, and mine is selling well.
So, while everyone's situation is different, I'd urge you to keep developing your idea, get the Pressman book, work through it step by step, and be alert to WHEN you should ask for help. Good luck--its a great adventure!

What did you patent?
And welcome to DU.
:hi:

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