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.
