Although not required
by the law, patentability and
non-infringement opinions
should be obtained before
filing a non-provisional
patent application.
FAQ Before Filing Patent Application
...patentability search & disclosue issues
I'm still working on my invention, any advice?
When it comes to the inventing process, good documentation is the key. First and foremost, good records of your inventing process will help you later to implement any improvements, or make minor changes that may be required for patentability. Second, good documentation may be needed in the future to prove that you are the inventor and that you came up with the invention first.
I have an invention, what should I do next?
Before you take the necessary steps to file a patent application, analyze your invention one more time and consider some final improvements. By and large, you should think of different ways that would make your invention a little stronger, simpler, and less expensive to make. All these characteristics, in the long run, could make your invention more patentable, easier to sell, and most importantly it may prevent others from challenging your patent.
When can I share my invention with others?
Patent law contains various rules and exceptions relating to this issue. Perhaps the safest thing to do, is to keep your invention secret until properly secured. Maintaining a detailed log of your inventive process is important, however, the safest way to secure your invention is to file a simple provisional patent application. It secures your place in line, giving you one year to finalize all the details and to file a regular patent application.
How can I be sure that my invention is patentable?
Your invention might be patentable if it fulfills all the requirements outlined by the USPTO. More specifically, your invention must be novel, meaning it must be different from what is already known to the public, and must not be obvious to someone skilled in the technology involved in your invention. To ensure that your invention is patentable, not superseded by prior art (patent covering a very similar invention), you should conduct a patentability search.
What is a patentability search?
Patentability search is an extensive search of various records for any prior patents (prior art) that may cover similar inventions to yours. It could be done by yourself, to certain extent, or by a professional firm. The cost of the search will depend on the complexity level of your invention. Be that as it may, the patentability search will discover if the USPTO will likely patent your invention. If the answer is no, you will save yourself a lot of money by moving on to another invention.