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[IPJunkie]

I have an innovative idea for performing search. However I fear it could be potentially obvious. No-one is currently doing this and there is no patent out there as far as I can see for something similar. It could be implemented after being programmed and primed. Without going into details of the actual innovation, is there a quick methodology for me to figure out whether I should even approach a patent attorney?

[JimIvey]

... is there a quick methodology for me to figure out whether I should even approach a patent attorney?

Nope.  Sorry.

However, many don't charge (much or at all) for a brief initial consultation.

Please note that anyone not familiar with everything ever done by everybody will be able to answer questions of novelty or obviousness.  There is always risk in those issues.  Well, with one exception:  it's possible to know that something is not novel but just happening to know of an anticipatory reference.  But, the opposite is impossible to know or prove -- that something is novel.

As an illustration, consider trying to prove that there is no buffalo-head nickel in your home.  As long as you don't find a buffalo-head nickel in your home, you don't know there isn't one there.  However, the instant you find one, you know that there is one.  That's precisely why the burden of proving anticipation and obviousness rests with the PTO.

Regards.

[JustAnotherExaminer]

... is there a quick methodology for me to figure out whether I should even approach a patent attorney?

As an illustration, consider trying to prove that there is no buffalo-head nickel in your home.  As long as you don't find a buffalo-head nickel in your home, you don't know there isn't one there.  However, the instant you find one, you know that there is one.  That's precisely why the burden of proving anticipation and obviousness rests with the PTO..

Man. This sounds like the arguments behind those negative limitations I see in claims. 

[GRS Research]

... is there a quick methodology for me to figure out whether I should even approach a patent attorney?

consider trying to prove that there is no buffalo-head nickel in your home.  As long as you don't find a buffalo-head nickel in your home, you don't know there isn't one there.  However, the instant you find one, you know that there is one. 

Now let me get this straight...there's a buffalo-head nickel in my home...if I don't find it, nothing is proven, but if I do find the nickel...wait, there isn't a nickel in my house?  What if I have 5 pennies, one of which is Canadian...will that help me? Can you hurry this up...I've got to be on a 5:17 train to Philadelphia, hopefully traveling at 85mph.

[MYK]

... is there a quick methodology for me to figure out whether I should even approach a patent attorney?

consider trying to prove that there is no buffalo-head nickel in your home.  As long as you don't find a buffalo-head nickel in your home, you don't know there isn't one there.  However, the instant you find one, you know that there is one. 

Now let me get this straight...there's a buffalo-head nickel in my home...if I don't find it, nothing is proven, but if I do find the nickel...wait, there isn't a nickel in my house?  What if I have 5 pennies, one of which is Canadian...will that help me? Can you hurry this up...I've got to be on a 5:17 train to Philadelphia, hopefully traveling at 85mph.

Eastbound or westbound?

[IPJunkie]

Thanks for reply. I'll have to get the drafts to a Patent Attorney. In terms of searching, I have heard this is very time consuming even when the patentee has performed the search, the attorney finds myriad of problems with the invention.

[IPJunkie]

I have been performing searches today, but fear there is potentially a great deal of overlap. However I see plenty of Applications to do pretty much the same thing.

One patent describes doing what I do essentially on a mobile fone, but I'm interested in more general applications. Will this cause problems?

[JimIvey]

One patent describes doing what I do essentially on a mobile fone, but I'm interested in more general applications. Will this cause problems?

It depends (like everything in patents).  You may be able to prevent people from doing your exact thing but you won't be able to prevent people from making, using, selling, importing the mobile phone variation.  Is that worthwhile for you?  And, to get a sense of your likelihood of succeeding on that distinction and precisely what about your system might be sufficiently different to go forward, you might want to talk to someone who has experience in this sort of stuff.

It shouldn't take more than an hour or two for the practitioner to catch up with your situation and give you a sense of your odds.  It shouldn't be too expensive -- certainly cheaper than going forward without knowing your odds.

Regards.

[JimIvey]

Now let me get this straight...there's a buffalo-head nickel in my home...if I don't find it, nothing is proven, but if I do find the nickel...wait, there isn't a nickel in my house? 

Well, which make more sense?

• Assume there is a buffalo-head nickel in your home until you prove there isn't.
• Assume there is no buffalo-head nickel in your home until you prove there is.

In the former, proving there isn't a buffalo-head nickel in your home is impossible, well at least it's impractical.  You provide a list of all the places you've looked.  But I ask, "are you sure no buffalo-head nickels were dropped into the cement of your foundation during construction?  Go and check if you haven't already."  And there's a practically endless list of obscure places you can be directed to search such that it's just not worth even trying.

In the latter, it's simple to produce the buffalo-head nickel you found, if you find one.

Regards.