Many small companies do not understand much of the patent system and have to talk to consultants to even get the basics of patent law. A major problem with patent law is the lack of documentation that helps guide people through the very basics of what they need before they even consider spending money on expert advice.

Some simple guidelines, though, can help you prepare yourself before you go to a patent agent or attorney.

If you believe you have something new, the most important issue for the inventor or the small company is to focus on recording the prior art associated with your invention and recording what is new and the benefits of your new invention.

This is very important for several reasons. An invention:

1. must be novel;
2. must be useful, i.e., it must have a purpose; it must do something;
3. must be a process, a machine, a new composition or must represent a new use of something old;
4. should produce new results that are unexpected;

Thus, the onus is on you to make sure that it has not been done before. To do this, you must make a search of the prior art and document it and you must point out the differences between your invention and all of what came before it and the results gained from these benefits.

Personally, I think that the rest should be left up to patent agents and attorneys. To read more on this subject, read my article:

How To Examine The Prior Art For An Invention An Introduction


Disclaimer: The methods outlined in this guide, with particular reference to patenting and patent searches, are merely guidelines and do not represent legal advice. Legal counsel should be sought on all intellectual property issues.