Some Advice Would Be Great!, Patent Search Options

[brigarkee]

I have an idea I would like to patent.
I can afford to get a provisional patent to see where I can get with this, but that is about it right now.
I am going in to different places to listen to other inventors thoughts and ideas on things, but I am hearing several things that are misleading from what I have come to understand.

One of my 1st problems is the patent search... Making sure the idea isn't already out there.
Now, I know that my product idea is NOT currently on the market, but I don't know if it is already patented.
I can't afford the cost of a patent search, I have been told that it can get quite spendy.
I have tried doing the search myself, but I don't think that I am covering all grounds by doing this either.
I was also told to be careful of searching, especially online because alot of the search engines, etc. record searches, and you are just risking it.

Is it possible to get a provisional patent while you are searching to at least protect your idea in the meantime?

Does anyone know of a way to thoroughly search for an idea / patent without spending alot of money?- I am confused as well by the uspto.gov engine. (how to use & what things you need to make sure you cover in a search.)

Also, I have heard alot of people, not in here, as I have not searched through the posts yet, but alot of people talking about how if you want to protect your idea, and don't have the funds, you can take copies of your ideas description, prototype sketches, everything paperwise you would need to turn in, and mail it to your self and never open it.

I have learned from other sources now that this is not a viable plan.
I don't know if this is correct or not, but from what I understand, doing this will not protect you if someone else comes out with the idea.

If you have any thoughts on my post, or think you can help me weed through these stoppers, I would greatly appreciate your time.

Thanks so much!

[Vic]

A patent search is very important. You can use a professional searcher for $240.00
http://www.inventnet.com/psearch.html

or
you can learn how to do it yourself by reading books on the subject or following this tutorial:
http://www.lib.utexas.edu/engin/patent-tut...orial/index.htm

Mailing stuff to yourself is not considered protection.

Read more about the inventing process at:
http://www.inventnet.com/help.html

[Shenandoah]

I just had a patent search completed by a Patent Searcher in Bowie, Maryland (near Washington D.C.) He conducted a thorough search and mailed me a package with the results within just a few days of our initial contact. For his services, I was charged $155.00

If interested, he is:

SidneyJKearns@aol.com

[Shenandoah]

Addendum..........................

Please keep in mind that this is what Mr. Kearns charged me based upon the nature of my invention. This is not to say that this is what his standard fee is. I'm sure that his fee would vary based upon the complexity of the invention, but nonetheless, what I was charged is a great deal less than I would nave paid elsewhere.

[chong48]

Hope you don't mind me budging in here for some clarifications.

Am I right to say when you hired someone to do the search for you, you must have already registered or file your patent already, otherwise your invention may be leaked or exposed, but if the search is done by yourself how sure that the search is complete. I file my patent in Asia, I paid for the filing fee and later pay the national patent office the search fee 5 months ago and yet to hear from them. Do you think I did the right thing by paying the patent office to do the search.

I was not aware that I do my own search myself which I did the search through the net. It was the requirement to apply for a search within 3 months in my country. Because of this requirement, I paid for the search.

I hope my querry does not divert too much from the original post.

Thank You

[Vic]

The patent search comes before starting the patenting process to make sure that you have something to patent and not spend the money to find out later that your patent application is rejected.

I don't think that any patent attorney will do your application without a patent search first.

The price mentioned by Shenandoah is very low... and does not contain a "patentability opinion" rendered by a registered patent attorney.

[hermanz]

Hi B,

Q. I have an idea I would like to patent. I can afford to get a provisional patent to see where I can get with this, but that is about it right now. I am going in to different places to listen to other inventors thoughts and ideas on things, but I am hearing several things that are misleading from what I have come to understand.

A. A provisional patent requires a fee and will only provide you one year of protection and you still have to pay a non-provisional patent application fee. Provisional patent applications typically are used where you plan to give a public lecture on your invention on Tuesday, March 29, 2005 and its Monday, March 28, 2005. To avoid public disclosure bars to filing in Europe, you would file a provisional patent application by 11:59 PM March 28, 2005.

Q. One of my 1st problems is the patent search... Making sure the idea isn't already out there.
Now, I know that my product idea is NOT currently on the market, but I don't know if it is already patented.

A. Patent searches are not required, but help you decide whether to pay to file a non-provisional application. Many companies do not do a patent search before filing because they would rather not have to disclose anything to the USPTO regarding such a search.

Q. I can't afford the cost of a patent search, I have been told that it can get quite spendy.
I have tried doing the search myself, but I don't think that I am covering all grounds by doing this either. Does anyone know of a way to thoroughly search for an idea / patent without spending alot of money?- I am confused as well by the uspto.gov engine. (how to use & what things you need to make sure you cover in a search.)

A. You first may want to run a google.com search for your invention. Then, you may want to search the US patent office records at http://www.uspto.gov/patft/index.html. What you are looking for is at least one patent that is close to your invention. On that patent will be a "Current U.S. Class:" designation, such as "5/486" for U.S. Patent No. 5,146,634. Take the Current U.S. Class numbers and enter them where it says "Enter a USPC Classification..." on the website http://www.uspto.gov/go/classification/ . This will then provide a description of the US classification and provide a link to all US patents having that classification on their patent. Look through the first drawing on all US patents having that classification on their patent. If you don't see your invention, it may be worth your time and money to file a US patent application.

Q. I was also told to be careful of searching, especially online because alot of the search engines, etc. record searches, and you are just risking it.

A. There is so much data run through search engines that there is little likelihood that someone will recognize that you have an invention and attempt to steal your invention. I wouldn't worry about it.

Q: Is it possible to get a provisional patent while you are searching to at least protect your idea in the meantime?

A. Your search shouldn't take more than a day or two. Searching isn't a reason to seek a provisional patent. But of you feel you need the time to search, then yea, you can file for a provisional patent

Q. Also, I have heard alot of people, not in here, as I have not searched through the posts yet, but alot of people talking about how if you want to protect your idea, and don't have the funds, you can take copies of your ideas description, prototype sketches, everything paperwise you would need to turn in, and mail it to your self and never open it. I have learned from other sources now that this is not a viable plan.
I don't know if this is correct or not, but from what I understand, doing this will not protect you if someone else comes out with the idea.

A. Mailing a copy of your invention to yourself is an old way of providing Copyright protection (not patent protection). Mailing a copy of your invention to yourself without opening it may help you prove your date of invention (which hardly ever is an issue), but provides no real legal protection.

Best wishes, H.