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Friday, November 21st, 2008
articles.php?which=IsYourNewIdeaActuallyNew
Is Your New Idea, Well, Actually New?

Being the first to come up with an idea is unquestionably thrilling. But finding out that your "new idea" isn't unique can be equally maddening, especially if you've spent considerable time and energy attempting to monetize the concept.

As a patent agent, I've learned a few techniques that can help you determine whether your idea is actually novel. While there are plenty of searching services, they typically charge between $1K and $3K per search, making a query for multi-faceted ideas expensive. Before dropping a dime on one of these companies, first check out the free resources on your home computer.

It may sound obvious, but for ideas that are relatively simple (read: a visor with a fan that sprays water), a standard Google search is still your best option. To search for more subtle, complex ideas ("A system and method for implementing a flexible data-driven target object model...") try using a patent database.

The U.S. Patent Office provides a searchable database for published U.S. patents and patent applications. Here's how it works: let's assume for a moment that you have an idea for a single click online shopping cart. A search string for this idea may look something like this:

spec/"single click" and spec/"shopping cart" and an/"amazon.com"

While it may take a few tries to become used to Boolean search, these databases allow you to specify key terms contained in the patent and even the name of the company that filed the patent. For example, this particular search turned up five results, including Amazon's famous one-click patent (U.S. Patent 5,960,411).

One important point: these patent databases are designed to be delayed exactly 18 months from the date a patent is filed. As such, it's a good idea to periodically update your search as you continue working toward bringing your idea to market.

The bottom line is that a few simple Internet searches and a little work upfront can save you considerable time, money, and agony.

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Here's a link to a new "emerging technology information search" called Espresso that integrates facets of standard internet searching with IP patent searches:

http://www.emerjent.com/

Search results show people and places that are affiliated with the search term, IP, research articles, financing information, buzz, and market news.
msnicwilliams
15:35, June 5th, 2008



All good questions.

Patent's have a limited term of 20 years from the filing date of the patent if filed on or after June 8, 1995. For patents filed before June 8, 1995, the term of the patent is 17 years from the date that the patent was issued.

You have the right to obtain a patent on your idea if your idea is both new and non-obvious in light of the earlier filed patent and any other prior art that may exist. But, just because you obtained a patent on your idea, doesn't mean that you can legally make a product that embodies your idea without potentially infringing someone else's patent, an important distinction.
mjandri
15:49, June 3rd, 2008



Interesting post, Mike. I have a question though. What if a search turns up a product that's similar to mine, but not exactly the same. Can I still file a patent? Also, what if I find that someone filed a patent for my idea years ago and never did anything with it. Do patents ever expire?
brittschaeffer
14:56, June 2nd, 2008