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Provisional Patents
Typically, a search of the prior art is conducted to determine whether an invention meets the novelty and non-obviousness requirements for patentability. You can search for prior art online or at a patent depository library. However, a good search generally takes considerable time to complete, unless you choose to hire an attorney or a service, such as LegalZoom, that specializes in patent searches.
Because provisional patents are not examined for patentability by the U.S. Patent Office, you can secure a filing date with a provisional patent application and then use the one-year patent pending window to conduct a more detailed search.
When drafting a regular patent application, a good patent attorney or agent will emphasize the differences between your invention and prior art. In addition, he or she will describe the history of inventions in related fields. This history will help explain why your invention would not be the next logical step in the evolution of the existing products (i.e., non-obvious).
In addition, remember patents are not limited to completely new inventions. They can also cover significant improvements to existing inventions. For example, contrary to popular belief, Thomas Edison did not actually invent the light bulb. Instead, he improved upon a 50-year-old idea and patented the new design.
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