WHETHER AND HOW TO PATENT -- (back to Patent index)

Performing a Patent Search. Because a patent will only issue for inventions that are "novel" and "nonobvious," it is important to perform a preliminary patent search for other patents that may have issued on your invention (known as "prior art"). You cannot obtain a patent on an invention that has already been patented, even if the patent has expired. A prior art search will also help you determine whether you would be infringing someone else's rights if you pursued bringing your invention to market.

You can perform an initial prior art search yourself. List any patents that seem similar to your invention and read them thoroughly. The following resources can assist you in performing an initial prior art search:

• University of Maine at Orono (Fogler Library):
  The library contains the only patent depository in Maine.
• http://www.library.umaine.edu/patents
  
  
• United States Patent and Trademark Office website:
  This site includes a database in which patent searches may be conducted: http://www.uspto.gov.
  
  
• IBM Patent Server:
  IBM's Intellectual Property network allows users to view patent documents from the U.S., Europe and Japan as well as patent applications published by the World Intellectual Property Organization ("WIPO"). See http://www.delphion.com.
  
  
• MicroPatent:
  Another on-line searching resource: http://www.micropat.com/.

  For assistance with your initial prior art search, contact the Maine Patent Program office.

Professional Patent Searches. If your preliminary patent search looks promising, you should still consider having a professional patent search performed and reviewed by a licensed patent attorney or agent. These reports can cost from approximately $250 to $600 for a U.S. patent search, plus the attorney's or agent's time to review the report. Be sure to ask for a letter detailing the results of the patent search and providing a recommendation on whether you should pursue patent protection and undergo the expected costs. This step is usually required for participants in the Maine Patent Program.

Determine if Your Invention Will Sell. Not every invention has a market. Before incurring the substantial costs of obtaining a patent - and enforcing it against infringers - inventors should evaluate the market potential for their inventions, including evaluating the potential profitability of their products as well as discovering potential competition. This step is required for participants in the Maine Patent Program.

Visit the Marketing page for more information.

The Importance of Confidentiality in Approaching Potential Partners, Customers, and Manufacturers. In determining your invention's market potential or in searching for a potential licensee to manufacture your product, you should take care in revealing the details of your invention. Use a confidential disclosure agreement (also known as a confidentiality agreement or non-disclosure agreement) in all such critical discussions. These agreements state that the persons to whom you are giving information will hold it in strictest confidence and agree not to use your idea for their own gain. You may need to consult with an attorney to develop an agreement suitable to your specific needs. Forms are also available on this site.

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