Legal Question in Intellectual Property in Delaware

where to go with idea

I have an idea. Where do I go from here to find out if the idea is already patented, and where do I go from there?


Asked on 1/21/99, 9:14 pm

2 Answers from Attorneys

Joseph Taddeo Attorney Joseph H. Taddeo

Re: where to go with idea

You need a patentability search which is generally done by patent agents or attorneys. Look in the yellow pages in your city under attorneys - patent.

Also, look for patent agents and attorneys in the list provided by the Patent Office on the net, at

www.uspto.gov/

Also, you may want to conduct your own patent search using the net, at the same URL.

Joseph Taddeo

Attorney Joseph H. Taddeo

23200 Chagrin Blvd., Bldg. 4, #600


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Answered on 1/29/99, 4:34 pm
Patrick Tracy Patrick J. Tracy, Esq, P.E.,

Re: where to go with idea

The first thing you would do is a patent search at the United Sates Patent Office or you can have a search run for 1000 to 2000 dollars, depending on the complexity. Based on the search, you could determine, with the help of a patent attorney or agent, whether there is sufficient novelty and utility and the idea is non obvious to be considered for a patent application.

The whole process takes about 18 months after filing to get a patent. Utilty patents today have a term of 20 years from ther date of filing.

Good luck!

Patrick Tracy

Patrick Tracy

Patrick J. Tracy, Esq, P.E., P.C.

P.O. Box 34576


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Answered on 1/28/99, 9:33 pm


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