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 someone who specializes in patent searches.

Because provisional patents are not examined for patentability by the U.S. Patent Office, you can decide to secure a filing date with a provisional patent application and then use the ensuing one-year period of pendency to conduct a more thorough search.

When drafting a regular patent application, a good patent attorney or patent agent will emphasize the differences between your invention and the prior art. In addition, he or she will describe the history of inventions in related fields and explain why your invention would not be the next logical step in the evolution of the existing products (i.e., non-obvious).

In addition, recall that 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.