Should you ever end up in court over your invention, you need conclusive evidence of whenever you thought of your idea. In america the rightful owner of a patent may be the person who thought of it first, not the one who patented it first. Which means you must be in a position to prove when you thought of it.
One way to protect your idea is always to write down your idea as simply and plainly as possible, then have three or four credible non-relatives witness your document praoclaiming that they understand the how to get a patent and dating their signature. It's often smart to include drawings or sketches too. Later on, when there is any dispute regarding whenever you developed your idea, you've got witnesses that will testify in the courtroom, as to whenever you showed them your idea. Proof positive is what you will need.
You might want to consider writing it in an approved inventor's journal - a magazine engineered with numbered pages it to be hard to add information later. There are many sources, just search the web on their behalf. It his harder at least the theory is that to later modify the items in the journal, making it better evidence while in court.
When you have established the date that you looked at your idea, you have to adhere to a few simple rules to prevent losing your protection. If you don't do anything whatsoever to develop your idea within 12 months, then your idea becomes section of the public domain and also you lose your to obtain a patent. So keep a file where one can put notes, receipts, etc. in, and a minimum of make a move that leaves a paper record you can file away in case you result in court someday. Be capable of prove in the court that more than per year never passed that you simply did not for some reason work on the thought.
Should you disclose your idea in the publication just like a newspaper or magazine, that starts a single year period that you must file a patent, otherwise you lose your to file.
Because you haven't seen your idea in the store doesn't mean it's patentable or marketable. In line with the patent office, less than 3% of issued patents ever get to the marketplace. The correct answer is possible your idea was invented but for a variety of reasons wasn't marketed. If an invention has ever existed, anywhere, anytime, produced by any person, you cannot patent it - it's recently been invented! As well as the U.S. Patent office searches world wide when they process your patent application.
That you can do your own personal patent search using several online resources, but if you have determined that you have a viable and marketable invention, I would suggest that you simply employ a competent patent attorney to possess a professional prior-art patent search done, to ensure your idea hasn't already been thought of, wasting your time and money.
I've tried doing patent searches alone, and i also was stunned after i saw the outcomes a real patent examiner found. They are professionals and so they understand what they are doing.
Be careful of patent clubs and organizations offering discount patent services. Any patent search must include a globally search, because it is exactly what the patent office does.