Patentability Search and Patent Applications

Before you decide to pursue your idea, you should be confident that a market exists for you new idea that is at least large enough to cover your investment costs and hopefully, significantly larger than that.

Determining Patentability

It is advisable to have a patentability search conducted before you invest time or money in a new project idea. If cost is a factor initially, you can conduct a free preliminary patent search on the Internet. However, before a patent application is filed, a search should be conducted at the United States Patent and Trademark Office (USPTO).

Benefits of a Patentability Search and Opinion on Patentability

A patentability search reveals the closest “prior art”(i.e. the closest patents, published patent applications and other public information relevant to your idea). The opinion on patentability is prepared based on the closest prior art. It is possible to draft the broadest claims to which you are entitled based on the prior art and the prior art can also serve as a basis for refining your invention further. If a conflict is located, it may be possible to design around the prior art to avoid a conflict. It is all explained in details on how to apply for a patent with InventHelp article.

Provisional Patent Applications

A provisional patent application extends the deadline for filing a utility patent application by one year and it is less expensive to file than a utility patent application. A utility patent application must be filed however, within on year of filing the provisional patent application because the provisional application does not result in a patent.

Prior to preparing and filing a provisional patent application, it is advisable to have a patentability search conducted at the US Patent and Trademark Office.

Utility (Non-Provisional) Patent Applications

A utility patent (sometimes referred to as a non-provisional patent) protects the function of a device or method. The cost to prepare and file a utility patent application, including the filing costs to the US Government and drafting costs that can increase depending upon the complexity of the subject matter.

Prior to preparing and filing a utility patent application, it is advisable to have a patentability search conducted at the US Patent and Trademark Office.

Design Patent Applications

Design patents protect the ornamental features of an invention. Unlike a utility patent, a design patent does not protect functional features. For that reason, normally a utility patent is preferred. However, there are situations where the invention includes ornamental features that are significant and therefore deserve to be protected with a patent. Moreover, having a design patent allows you to mark your product and advertising with the the patented indication as you can read on how to patent a product with InventHelp blog post.

Smart Product Developers and Businesses File a Patent. Here’s Why!

From an investment and legal standpoint, a patent provides great competitive advantages. As a patent owner, you can legally exclude others from making, using or selling the invention and thus be the first on the market with a new invention, which greatly increases the chances of success. In addition, patents also allow you to generate revenue by licensing the right to make, use or sell the invention to other third party individuals or companies who in return will pay you a royalty.

From a marketing standpoint, once you file a patent, you can use the term “patent pending” on any promotional or advertisement material. “Patent Pending” is also a great marketing tool that many businesses use to drum up publicity and increase value in the eyes of the general public. You can read more about it on – How to get a patent with InventHelp.

There are three types of patents: utility patents, design patents, and plant patents. Of the three, the utility patent is the most common as it protects how an invention works or functions. If a product has a unique ornamental appearance or design, then a design patent can be obtained to protect the overall appearance of the invention of product (e.g. Apple’s iPod design). Utility patents are granted a limited monopoly of 20 years from the date of its earliest filing (14 yrs for Design Patents). After that, the patent falls into the general public domain.

Due to the complexities and intricacies of the U.S. Patent Laws and the procedures of the USPTO, there are a myriad of potential pitfalls that await a laymen or even a general practitioner attempting to maneuver a patent application through registration.

Obtaining a quality patent for your invention is one of the most important things you can do to protect your investment and is a complex procedure. You should consult a Registered Patent Attorney or a patenting agency, like InventHelp to handle this and to advise you on the patent registration process as you can see from – How to patent a product with InventHelp.

In addition, unlike invention promotion companies, patent attorneys are held to higher ethical standards and bound to confidentiality and attorney-client privileges, in addition to be legally and technically trained. Lastly, and most importantly, the objective(s) of your patent attorney is solely to write the best patent application as possible to obtain the best protection on your invention.

Awesome Inventions from School Children

Hopefully you benefit from the ideas indicated here and join all of us in supporting the following generation.

Oil sucker

This creation will suck up oil brought on by oil splatters and oil tankers, and pump motor it right into a pipe, likely to an oil refinery. This device can be placed directly under ships and rigs, then when the oil spills, anyone presses the button, and the device goes shooting toward the oil, sucks it up, and carries it towards the pipe. These pipes can be found in the Indian Sea, Pacific Sea, and the Atlantic Sea.

The gadget can carry lots of oil from 500 km each hour, so it reaches the pipe quickly. This invention can help save a variety of wildlife from perishing from exposure to oil, and keeps the ocean clean as elaborated in this article on

The Safety Fingerprint Weapon

This gun can help in eliminating felony acts as well as careless errors. When you purchase the weapon, you must completely fill out an identity card and register your own fingerprints.

These details are stored within the gun’s storage memory chip. To utilize the weapon, you should place your own thumb on the scanner on the handle from the gun before you shoot. If another person tries to use the weapon, and the fingerprints do not match, it’ll lock and never shoot.

The Tree Growing and Planting Machine

This creation and invention by school kids helps solve the issue of deforestation. The machine vegetates bigger and better trees effortlessly. This device attaches to some tree stump eliminator and may be used after a person cuts the tree in the forest. When whole jungles are deforested, this machine may be used to automatically replant them for future years.

The device comes preprogrammed to produce a variety of trees via genetic design. By selecting the right options pointed out by buttons on the machine, you might create your own personal tree that’ll be stronger, reside longer, come to be wider within diameter to create more wood, or end up being resistant to something that harms plants.

The Peace Chip

The serenity chip is really a nice device, that after being implanted inside a person’s entire body through surgical treatment makes the individual hate battle and battling, and as such, has peace. It has no unwanted effects, and can be quite useful with regard to criminals as well as bad individuals.  The chip is positioned in the leg. Any chip costs five dollars, plus two hundred and fifty dollars for the surgery, adding up to the total cost of two hundred and fifty five dollars.

Universal Recycling Device

This device can recycle a myriad of waste. It operates on Solar Energy and may also use garbage to produce energy. For those who have toxic waste materials, we permit us a RECYCLING ROBOT to finish the recycling function. You simply put your own garbage into the machine and push the ON-button, and the computer inspects what types of garbage you simply put within. Then out come the recycled materials – document paper, chemical compounds and various metals. This invention of school kids can help to recycle waste to make outcomes that are friendly for the environment.

Most inventors, even children come up with brilliant ideas but ditch them for lack of funds, resources or knowledge about how to go about doing the first thing with their idea. But if you need more help with deciding whether to patent or sell your invention is best, then you must consult with professionals, such as InventHelp agency.

Intellectual Property

Intellectual Property is that which you can own even though it has no direct, physical embodiment. (If it was land, it would be ‘real property’, while if it were cash, stocks, or other ‘things’ it would be ‘personal property’). Intellectual Property is always described, usually by some form of writing, and will be one or more of the following classes: a Patent; a Trade- or Service- Mark; a Copyright; or a Trade Secret. The reason I say ‘or more’, is that some (but not all) Intellectual Property can be both the subject of a patent and a copyright, or a trademark and a copyright.

Each of the first three (patent, trade/service mark, copyright) exist because the legislature created laws that define the process and boundaries, ultimately, for those particular types of intellectual property; while ‘trade secret’, though now the subject of specific statutes in most states, was originally created by judicial decisions about what was sensible and fair as written on

A Patent?

‘Patent’ is shorthand for ‘Letters Patent’, which means a governmental grant of a limited monopoly for an invented idea. A U.S. patent must be examined by the U.S. Patent (and Trademark) Office, which at least claims to consider whether an individual’s invention is useful, new, and not obvious. You can also patent a design that it is new, or a plant that it was created, not discovered. A patent lasts for 20 years from the date of its initial application and lets the owner prevent anyone else from commercially making, selling, or using the invention in the U.S..

In the U.S., only individuals can be inventors, even though corporations can own patents. Patents are also the subject of international treaties. Two key things to remember about the rest of the world’s view of patents: you must file your patent application before you disclose or sell your invention, and the first to file wins the race. For more information read

An Introduction To U.S. Patents

U.S. patent protection is an extremely important consideration for any business involved in the manufacture and sale of products in the United States. The owner of a U.S. patent has, for a limited time, the exclusive right to make all sales of the patented product in the U.S. market. Because the patent owner can legally stop others from making and selling the patented product, a patent owner can charge a premium price for a product they make and sell that can be much higher than the actual cost to manufacture and sell the product.

This means that the patent owner can make potentially very high profits on sales of the patented product during the life of the patent, which can help the owner more quickly recover the investment made to develop the new product. Even if the patent owner does not make and sell the product, they are legally entailed to collect at least a reasonable royalty from anyone else who does. You can always consult with a professional patent agency, such as Invent Help, for any information.

An Example of the Effect on Price of U.S. Patent Protection

A common example of the effect of patent protection on price is the sale of “brand name” drugs at high prices. The patent protection on brand name drugs is what allows the company who first invented the drug to sell it at a high premium price without competition. However, once the patent protection ends competitors enter the market with a “generic” version of the drug at a lower price, taking sales away from the brand name drug, and possibly forcing the manufacturer of the brand name drug to lower its prices in order to maintain sales.

While nobody likes paying high prices, the reality is that without the availability of patent protection and the potential to charge higher prices for at least a limited time to recover development costs a business may be unable to justify the risk of investing money to develop new products. This is particularly so in areas where the cost of research and development is very high (as in many millions of dollars), such as with pharmaceuticals. The higher price consumers may have to pay for a limited time due to patent protection is the price society has decided to pay for encouraging business to investment in new technologies and products.

Profit Considerations

Since bringing a new product to market is often a very expensive and risky investment for a business, many times it can only be justified if there is a potentially very high profit to be made that justifies taking the risk. Accordingly, the availability of patent protection is often a critical factor to consider when deciding whether an investment in a new product is justified.

Without patent protection a business that introduces a new product may not be able to make enough sales at high enough prices to generate profits sufficient to justify the risk of an investment in the new product. Effective patent protection however is often a difficult thing to obtain. The U.S. patent laws can be complex in their application. Individuals with ideas for a new product are particularly vulnerable to being sold services related to patent protection that are ineffective and offer little if any real value.

Be Informed

It is highly recommended that before making any substantial investment in the development a new product, including any services related to protecting, promoting, or manufacturing a product, that an individual or business first consult with a qualified  patent agency like InventHelp. Doing so can save a great deal of time, trouble, and expense in the long run. Affordable consultations are available from the law office of registered U.S. patent attorney.

Patent Registration

According to USA patent Act, 1970 and the rules and regulation governing patent system through out the world, a patent can be obtained only for a single invention which is new and useful. In order to register a patent the captioned invention must relate to a machine, articles or substance produced by manufacture or by the process of manufacture. It s also to be noted that patent may also be obtained for any improvement in article or process of article.

As far as medicines or drug are concerned patent cannot be obtained for the product but a process of manufacturing the substance is patentable. The applicant for a patent must be true and first inventor or a person to whom title has been assigned by the inventor. If the patent has been assigned to someone than it must clearly specify the limits of monopoly.

The invention in respect of which the patent is claimed must be unique and must not be obvious with those who are skilled in the art to which it relates. Thus an application for patent is considered for registration when all the requisite criteria are fulfilled as laid down by the rules and regulation governing patent laws. You could hire professionals, such as InventHelp to help.

Patent Registration Process

The procedures to register patent applications are different in different countries. A national phase application is filed within 30 months from the date of priority in most of the countries being part of patent cooperation treaty.

Patent of addition can be filed at any time before the grant of patent. As far as convention application is concerned it has to be filed within 12 months from the date it has been filed in convention country to get the benefit of priority. Divisional application is filed when an application speaks of two inventions, but it is filed at the discretion of the inventor. You can get help from InventHelp patenting agency. Read more about InventHelp on KansasCityMag.

An application for patent may be made by any person who claims to be the true inventor, assignee or legal representative of the deceased. Thus the time period and examination process of patent application in different countries is different but the procedure is one and the same.

4 Important Things You Need To Know About Protecting Your Invention

File A Patent Application Before You Publicly Disclose Your Invention. US patent laws have strict deadlines for filing patent applications once you have publicly disclosed your application. If you miss these deadlines, your invention will be forever barred from becoming a patent. If you plan on obtaining patent rights abroad, many foreign countries require that you have not publicly disclosed your invention before you filed a patent application.

All Patents Are Not Born Equal. There are three types of patents-design, utility, and plant patents. Each patent type offers a different type of protection. You should talk to a patent lawyer or a patent agency such as InventHelp, who will listen to your goals and identify the type patent protection you need.

Patent Pending Status. A Patent Pending label on your product adds marketing appeal. Consumers associate a patent pending label with sophistication. Many investors also look for a patent pending status because they want to possibility of having the exclusive right to manufacture, use, or sell the invention should they invest.

Act Promptly. Exclusive rights to an invention are generally granted to the person who first invents it. The determination as to who invented the invention first may be based on the first person to file an application that fully describes the invention at the US Patent Office. Once you team up with InventHelp, you can have start your application they act on your application fast and your application will be finished within a few days, not months.

What about Patent searching? What is an IDS? Why search and can I do it myself?

A patent search is performed so that all applicable prior art is found. While a search is not required before a patent is filed it is a good idea for a few reasons:

Any prior art that comes to the attention of anyone involved with the prosecution of the application, must be disclosed to the PTO. This disclosure is called an Information Disclosure Statement (IDS). This document can be filed at various times, with various costs. Its purpose is to disclose any information that could be considered “material to patentability”.

Any published patent, publication or similar document can be included in an IDS. An IDS can be filed for free during the first 3 months after the filing of the application. After the 3 months passes the cost is more and/or the proof that the information was newly discovered is more rigid. If the IDS is not filed before the issue fee is paid, the application can not be issued, and a continuation would need to be filed.

Many times a invention can be made that is the same as an existing patent or disclosed in a published document. A search can find such prior art and the inventor can then choose to not file a patent, or can also choose to add some new, novel, non-obvious improvement so that the invention “clears” the prior art. There are patenting agencies like InventHelp that are here to help new inventors patent their inventions – learn more about InventHelp.

A patent examiner will do their own search of existing patents and other document from various sources. The results of this search will be used against an applicant, in the form of a rejection in an Office Action. Finding as much prior art as possible is necessary to see that the examiner has as little to work with as possible.

So it is in the best interests of an inventor to do a good job searching for prior art.

It is possible for an inventor to do their own search. One way is via various search engines on the Internet. However, Internet. Searches may only be able to find prior art up from about the 1980’s on. Any prior art previous to this might be needed and could not be searched on the Internet.

The next best place to search would be one of the Patent and Trademark Depository Libraries (PTDL). These libraries are set up at universities and in major cities and they have excellent search facilities. They also have staff that will help an inventor understand the search tools, but they will not perform a search for you. These libraries have all patents ever issued in bound volumes. They also have automated tools that will search for keywords or concepts and return the patent numbers of matching documents.

It can also be useful for a third party to perform a search at the PTO’s office. This search will simulate the searches that the examiners would use. They will be performed at the PTO’s search facility and examiners may be consulted by searchers.

But a searcher can only search to the extent they understand your invention. So the best search of all would be performed by an applicant traveling to the PTO, in Washington, DC and performing the search and talking with examiners in person. The third party search can cost about $400 – $600, depending on the firm and the subject matter. A third party search can take 3 to 6 weeks to be returned, although the actual search will take not more than 8 hours as explained on

Good Ratings on Wish

All buyers at Wish have the privilege of rating the seller and leaving feedbacks. It is a fact that as a seller, you would want to make sure that your customers are all happy and contented with the items they have purchased that would urge them to give you good ratings. As you gain more buyers, you collect more positive feedback and build a more solid seller rating.

Aside from leaving comments, you can rate a seller. Your rating will be based upon the following questions:

  • Is the item the same as it was described in the auction listing and did it meet your expectations?
  • Did the seller email you after the auction, or did you have to contact them? What was their general communication with you like?
  • How long did it take for your item to arrive?
  • Were the shipping and handling charges fair? How did you react to the way the item was packed for shipping?
  • Were you pleased with the overall level of customer service?

To get a perfect score, a seller must make sure that the description in the listing accurately matches with the actual item. In case there are minor flaws, these should be clearly disclosed in the description. If your customer finds out upon receipt of the item that the item fails to meet his/her expectations, you will surely be given a low score.

The length of time of the delivery, the overall cost of the item and the overall level of customer service are other factors that can affect your score. Of course, you’ll want to make sure that the items will be delivered on the exact time frame that you promised. Finding a reliable shipping service is crucial to avoid delays or damages to the product.

Wish sellers are advised to get in touch with their buyers before and after the sale has been made. This way, you can immediately make arrangements in case your customer has issues about the transaction. You can expect that the buyer would most likely do a transaction with you again once he is satisfied with the kind of service you have rendered. These are just some basic tips. If you are serious about your business you should search for a detailed guide on how to become a seller on Wish.

It’s Your Turn to Rate Other Sellers

Indeed, sellers are encouraged to support the community by purchasing from other sellers. Exercise your right to rate others and get to experience being an Wish buyer first hand. One advantage of purchasing is that you can observe how the Power Sellers of Wish work. By doing so, you can learn from your own experience and improve your own services based on what you’ve gone through as a buyer.

Patent Facts

You have one year from the time you first use your invention publicly or offer it for sale in the U.S., or publish a description of it anywhere in the world, to file an application for a patent in the U.S. After that you may be barred from a patent.

The term “patent pending” means a patent application is on file. It may or may not be approved as a patent.

Patents give you the right to exclude others from making, using, selling, or importing your invention into the U.S. for a period of 20 years from the date of filing (14 years from issue in design cases) as described on

Patents cover “things” or physical processes, not ideas or concepts.

Patents generally take about a year-and-a-half to issue.

Most companies require that you at least have a patent pending before they will consider licensing your invention.

Both patent agents and patent attorneys are authorized to represent clients before the U.S. Patent and Trademark Office. They are required to have at least a baccalaureate degree in science and pass the federal patent bar examination as discussed on

A patent attorney must also have a graduate degree in law and pass the state bar examination is his or her state. Patent attorneys can practice law in other fields of law, such as copyrights and trademarks.