Use this guide as a starting point to research
your idea for a U.S. patent. If you have questions after consulting
these resources, contact the Chester F. Carlson Patent Trademark
Center, located in the Central Library of Rochester and Monroe
County, 585-428-8110.
This guide answers the following questions:
WHAT IS A PATENT?
A patent keeps your idea for an invention from being stolen. A patent
is issued by the U.S. Patent and Trademark Office. In most
cases, the term of a new patent is 20 years from the date on which the
application for the patent was filed in the United States. U.S. patent
grants are effective only within the U.S., U.S. territories, and U.S.
possessions. A patent is “the right to exclude others from making,
using, offering for sale, or selling” the invention in the United States
or “importing” the invention into the United States. What is granted is
not the right to make, use, offer for sale, sell or import, but the right
to exclude others from making, using, offering for sale, selling or
importing the invention. (Definition from the U.S. Patent and Trademark
Office)
WHAT SHOULD I DO BEFORE APPLYING FOR A PATENT?
There are several things to think about and do
before you arrive at the stage to file for a patent:
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Document your invention idea. The U.S. has a "first to invent" system.
Keep careful records of your work. Read the United Inventors
Association's advice at
New Inventors
First Steps. |
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Be sure your
invention idea fits within the definition of a patent. In
addition to patents, there are
trademarks, copyrights and trade secrets. See
the United States Patent and Trademark Office's
website for definitions. |
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Learn about patents. Two good starting places are:
1) University of
Texas-Austin's
Patent Searching Tutorial (read about the topics listed at the
left of the page before starting the tutorial) and
2) Lemelson-MIT Program's
Inventor's Handbook. |
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Study your options. You may (although it is not necessary) file a Disclosure
Document Program, a non-Disclosure Agreement, or a
Provisional Application for Patent (i.e. patent pending) before
applying for a patent. To learn more about these options as well as
how to apply for a patent, read the
General
Information Concerning Patents at
the U.S. Patent and Trademark Office's website. |
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Be sure your invention idea is new. To be granted a
patent your idea must never have appeared anywhere before. This
means you must search magazine articles, books, the Internet as well
as all patents on file and pending with the U.S. Patent and
Trademark Office. This takes considerable time but is time well
spent. Many people discover during the patent search that what they
thought was a new idea is not. Be sure to document your searches. |
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Develop your idea - create a prototype. Filing for a patent
can be costly. Before investing this
money, you may want to be sure that the invention is useful. Will
enough people buy it to make a patent application worth the expense? |
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Hire an expert.
Many people hire an Intellectual Property Attorney to prepare and
file their application. If you do, check to see that your attorney is listed
with the
patent attorneys and agents registered to practice before the
U.S. Patent and Trademark Office.
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HOW CAN I BE SURE MY IDEA IS NEW?
You need to do an exhaustive search of magazine articles, newspapers,
books, Internet websites, and patents on file and pending with the U.S.
Patent and Trademark Office. This search is referred to as a "prior art
search." This is a critical step in the
patent application process that can be quite complex and time consuming.
Before you start your search
Take some time to list keywords that
describe your idea. You will use these keywords when you search. To help you list appropriate keywords, ask yourself the following questions:
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What does my invention do? |
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What is the end result? |
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What is it made of? |
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What is it used for? |
Follow these steps:
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1. |
Search the library catalog,
LIBRAWeb, by keyword
subject. Use your keywords for your subject terms. (The LIBRAWeb
Tutorial is a good starting place to learn how to do a keyword
subject search.) |
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2. |
Search the
Magazine Indexes. Consult the
Search for Magazine Articles tutorial
or a librarian for help. |
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3. |
Search the Internet using Google
as well as other search engines. (The
Google Tutorial is a good starting place to learn how to do a search on
Google.) |
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4. |
Consult with a
librarian to be sure you have searched all possible resources. You may want to
call your library first to ask if there is a librarian who
specializes in your field. (Use the
Member Library Directory
to find phone numbers.) |
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5. |
Search for all patents on
file and pending. See next section. |
Searching for patents
Searching for patents can be quite complex. For an overview of how to
conduct a search, register for two free classes on Patent Searching and
Basics of Intellectual Property. The classes are held in the Bausch and
Lomb Public Library Building, 115 South Ave., Rochester, NY. To register
call 585-428-8130.
The two most convenient places to search for patents are:
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The U.S. Patent and Trademarks Office's website. Before starting your
search, take time to go through the University of Texas-Austin's
Patent Searching Tutorial. This tutorial will teach you how to
use the website. |
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or |
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The Chester F.
Carlson Patent Trademark Center, located at the Central Library of Rochester and
Monroe County. The Center is located on the third floor of
the Bausch and Lomb Public Library Building in the Sciences,
Technology and Health Department.
Please Note: Librarians will help you start your search but are not able to perform searches for you
or to give you advice during your patent search.
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WHAT LIBRARY RESOURCES ARE AVAILABLE TO
HELP ME LEARN ABOUT PATENT SEARCHING?
The following are good overviews on patent
searching. Clicking on a title will display
information about the book or video in the library catalog. Scrolling down
the page will show a list of libraries that own the item.
For other library material regarding patent search, search the library catalog,
LIBRAWeb, by using
the using the keywords: patent* search. Be sure to include the asterisk. (The
LIBRAWeb Tutorial is a good starting
place to learn how to do a keyword search.)
WHAT INTERNET RESOURCES SHOULD I CONSULT?
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