If you happen to find themselves in court over your invention, you'll need conclusive proof when you thought of your idea. In the United States the rightful person who owns a patent will be the person who looked at it first, not the one who patented it first. Which means you should be able to prove once you looked at it.
One way to protect your idea is to take note of your idea as simply and plainly as possible, and then have three or four credible non-relatives witness your document proclaiming that they understand the how to obtain a patent and dating their signature. It's often a good idea to include drawings or sketches too. In the future, if you have any dispute regarding whenever you came up with your idea, you have witnesses that will testify in court, concerning once you showed them your idea. Proof positive is the thing that you'll need.
You might like to consider writing it within an approved inventor's journal - a book specially designed with numbered pages it to be challenging to add information later. There are several sources, just look the internet for them. It his harder a minimum of the theory is that to later affect the valuables in the journal, making it better evidence when in court.
Once you've established the date that you thought of your idea, you need to adhere to a few simple rules to prevent losing your protection. Unless you do anything whatsoever to develop your idea within twelve months, then your idea becomes section of the public domain and you lose your to obtain a patent. So have a file where you can put notes, receipts, etc. in, and at least make a move that leaves a paper record you are able to file away just in case you find themselves in court someday. Be capable of prove in court that a year never passed that you simply failed to in some way focus on the thought.
If you disclose your idea inside a publication being a newspaper or magazine, that starts a one year period that you must file a patent, otherwise you lose your right to file.
Simply because you haven't seen your idea in the store doesn't mean it's patentable or marketable. Based on the patent office, lower than 3% of issued patents ever get to the marketplace. The correct answer is possible your idea was invented however for numerous reasons was never marketed. If an invention has ever existed, anywhere, anytime, developed by anybody, you can not patent it - it's already been invented! And the U.S. Patent office searches worldwide once they process your patent application.
You can do your own personal patent search using several online learning resources, however if you have determined that there is a viable and marketable invention, I recommend which you work with a competent patent attorney to get a professional prior-art patent search done, to make certain your idea has not yet been looked at, squandering your time and funds.
I've tried doing patent searches alone, and that i was stunned after i saw the outcomes a genuine patent examiner found. They are professionals and they know what they are doing.
Watch out for patent clubs and organizations offering discount patent services. Any patent search must incorporate a world wide search, because that is what the patent office does.