Patent Application
What can be Patented
If you have invented something that is used in your business, you may want to apply for a patent. The two considerations are (1) Novelty; it must be something new, and (2) Usefulness; it must be something that can be used as described. According to the U.S. Patent and Trademark Office (USPTO), you can apply for a patent if you invent or discover
"any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof...."
But you cannot patent something if:
“(a) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for patent,” or “(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country more than one year prior to the application for patent in the United States . . .”
Searching the Patent Office Files
Unfortunately, the Patent Office has not cataloged its patent files online, so the only way to search for a patent is to go to the Patent Search Room in Alexandria, Virginia. This repository contains all the patents granted in the U.S. since 1790.
The Patent Application Process
The USPTO strongly suggests that you find an attorney who is familiar with patents to help you through this process; they provide a list of attorneys who are registered with their office.
