Patent idea

1.What is patentable

an invention which is new, useful and non-obvious.

novelty--something different than what has been done before.

useful--must be useful

non-obvious--would it be obvious to an ordinary, not unusually skilled person, who with some education could solve this problem in a fairly routine matter.

2.What isn't patentable

• item that has pre-existing patent still in existence, or prior patent but is now in the public domain
• an idea but no firm solution
• something that infringes on another patent
• an invention that youve fully disclosed--if you publish a description of your invention or otherwise disclose it publicly anywhere in the world before you file your patent application you lose your right to have your invention patented
• invention which isnt new, useful and non-obvious

Types of patents :

Five broad classifications: Electrical, Mechanical, Chemical, Plant, Design Design Patent:
14 years -- any new, original or ornamental design for an item of manufacture.

Utility patent:
17 years -- utility patents for mechanical, electrical or chemical inventions -- covering processes, machines, articles of manufacture, or compositions of matter as well as improvements of same.

SELECTED PATENT LAWS: 101. Whoever invents or discovers any new and useful process, machine, manufacture or composition of matter or any new and useful improvement thereof may obtain a patent therefor, subject to the conditions and requirements of this title. 17l. Patents for designs, whoever invents any new, original and ornamental design for an article of manufacture may obtain a patent therefor subject to the conditions and requirements of this title. 271A. Infringement of patent: a) except as otherwise provided in this title, whoever without authorization makes use of or sells any patented invention within the United States during the terms of the patent therefore infringes on the patent. 271C. Whoever sells a component of a patented machine, manufacture, combination or composition, or a material or apparatus for use in practicing a patented process constituting a material part of the invention, shall be liable as a contributory infringer

PATENT SEARCH:

A few reasons for conducting a patent search :

• uncover prior work that will determine whether or not a particular invention is patentable.
• provide suggestions of possible alternatives--searching can help document evidence of the particular problems that have plagued a particular technology and might be ameliorated by the invention.
• helpful in the beginning of a project to determine what has been done previously, may include the extent of action taken in a particular field, main organizations involved, types of applications being pursued, various problems encountered, and solutions that have been attempted.
• these initial findings can even determine whether a particular project should proceed.
• discovering new technology--70% of the technology discussed in patents is not described elsewhere.
• check to make sure you are not infringing on someone else\'s patent.

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