One of the things you will face while attempting to obtain a patent will be whether an examiner rejects your idea or not. They may reject certain aspects of it or the entire invention. So, how you construct your application becomes very important and the research you do ahead of time can make or break your ability to patent an idea. You will have to be sure your idea is unique and has not been done before. It can be related to other inventions, but you will have a much better chance of having your patent application accepted if your invention has never been done before. So, your research will be most important.
Before you conduct your patent search to determine if any other inventions exist that are similar to yours, determine what kind of patent your invention falls under. There are three kinds (of US patents):
- Utility
- Design
- Plant
Utility patents are the most common type and have, in general, a 20 year life. If your invention perform some sort of utility such as doing a job this is one way to think of it. For instance, you may have an idea for a process which involves many items working together with a specific procedure. The end result is something is accomplished. Business method patents sometimes can work this way. Doing eCommerce in a very specific way can qualify as a utility patent using a business method. Machines and many other related inventions are protected by a utility patent.
The best way to describe Design Patents is to compare it to Utility Patents. Where utility patents cover how something works, design patents cover ornamental aspects of the design. The physical appearance of a product could fall into this category.
Plant Patents revolve around plant varieties. Just as other patents they need to be unique and also have around a 20 year life. Flowering and vegetable plants that are unique may qualify for this type of patent.
More specific information regarding patent types can be found at the US Patent Office Website.
Once you have determined what type of patent your invention or idea falls under, you need to begin your research. Spend some time searching for any existing products that are similar to yours. You need to be absolutely certain that no one has created your product or idea before. You may think that your idea is unique since you have never seen anything like it before, but many items that obtain patents never come to market. Some companies patent an idea just to restrict the competition. So, you need to conduct a patent search and look for anything that may be similar to what you are doing. If you find that nothing exists that is like your invention, then you can probably patent your idea.