So you're a genius with a superb idea that could change a million lives. Or you've just come up with the hottest technology that everyone's going to want a piece of. However, before you start with the celebrations, do a patent search to find out whether something similar already exists. Once you're sure of the originality of your brain child, you can go ahead and get it patented in your name.
When you've come up with something that sounds like a great new innovation, you must first try and find out whether someone has already thought of it. After all, just because a product isn't available yet in the markets, doesn't mean that it hasn't been developed or patented. The only way to be sure is to conduct a patent test.
Start by determining the type of patent you will be seeking. For example, a design patent typically covers the appearance of an invention, while a utility patent deals exclusively with functional aspects of the same. Once you've decided on the patent you want, use reliable online patent databases such as the ones provided by IBM or the U.S. Patent and Trademark Office or PTO. Once you're logged on, look for the most relevant classes and subclasses of patents for your idea.
The best way to decide whether a certain patent class is right for you is to read the descriptions provided and review all the patents listed in that category. If you find that they are similar to your own invention, you can go ahead and search for a similar product.
For better results, you may also want to conduct a keyword specific search for your potential invention. Go through all the listings diligently and organize your search results into a single report that allows for easy reference.
However, if you're unable to find a match, it doesn't necessarily mean that you're in the clear. While this may very well signify that your product is indeed exclusive, by no means can it be a guarantee for originality. So, while you may have a truly financially viable invention in your hands, you will require a patent attorney to conduct a more vigorous patent search to clear all the doubts.
You can choose between a lay searcher and patent attorney/agent to help you out with the same. Either professional can help you look for what you wish to know. A patent agent is someone with a little technical knowledge, who has been specifically trained by the U.S. PTO to both- prepare and prosecute patent claims. A patent attorney on the other hand, is licensed by the PTO to prepare the patent applicants. You can find a patent searcher fairly easily by looking under the patent searcher's section in the yellow pages.
Once you're absolutely sure of the originality of your invention, you can go ahead and apply for the patent with the help of your patent attorney. Try and get it as soon as possible though. After all, the faster you get it, the sooner, you'll be able to market it.
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