federal and WA state patent law

A patent search can cost anywhere from $1000 to $4000, or more, depending on how thorough of a search you want to perform. However, you should be aware that potentially relevant patent applications remain secret for 18 months from filing and that other relevant “prior art” may simply be overlooked given limited search time. Accordingly, even a good patent search will not be perfect and may not provide you with the answers you want.

That being said, many clients find it more cost effective to simply file a patent application and respond to rejections from the patent Examiner as they come instead of spending time and money on a search that may not provide much clarity.

Depending on the invention you are trying to patent and your experience in the field, it may or may not be advisable to do a patent search, so you should consult a patent attorney and explore your options before committing time and money to such a search.

Small, independent inventors with little money need to do a significant amount of homework before beginning down the road toward patent protection. It's simply too expensive to pay a patent attorney to get the inventor up to speed on the many issues and options involved.

The very first thing that ought to be done by someone who thinks he has an idea for an invention is to fully and completely describe, in writing: what the invention is, how to make it, how it works, and any and all alternatives to all of those. Then draw it. Then dispassionately think through whether it would be cost effective to make it and sell it. Only when that is done can any meaningful progress toward patent protection take place.

The next step would be for the inventor to perform his own "knock out" search of existing patents and published patent applications through the Google Patent search tool. Not only may this reveal that someone has already disclosed the invention or one very similar to it but the inventor may just discover, or be spurred to invent, important variations or improvements on the invention. Moreover, it may also reveal some useful intelligence on competitors and/or potential licensees and it will certainly educate the inventor on what patents look like and the terminology used by others to describe inventions similar to the one the inventor has created.

The inventor would also benefit from reading a few layman's books on the subject such as Patent It Yourself and From Patent To Profit (readily available at any online bookstore).

In addition, the Patent Office has an inventor resource website that contains very useful information -- including a section on scam patenting companies that haunt late-night television and science magazines.
http://www.uspto.gov/web/offices/com/iip/index.htm

Becoming educated on the patenting process is part of an inventor's job if the inventor wants to transform his invention into a product. In short, homework first and then track down either a patent attorney or patent agent to discuss moving forward -- and expect to pay a significant retainer. And no; there are very, very few patent attorneys who will prepare an application in exchange for a percentage of profits from the invention.

The answers above by Mr. Adams and Mr. Ballard are well thought out and spot on. An inventor can do much on his own using available Web resources prior to contacting a patent attorney.

Google Patent Search was noted as an effective tool.

http://www.google.com/patents?hl=en

The U.S. Patent and Trademark Office also permits searching of its collection of patents dating back to 1976 (full text) and to 1790 (patent images). Published US patent applications are also searchable.

http://patft.uspto.gov/

Patents and published applications in other countries and world regions may be searched. For example, the European Patent Office has a searchable patent register. Canada as well.

http://www.epoline.org/portal/public/registerplus
http://patents.ic.gc.ca/cipo/cpd/en/introduction.html

Subscription resources are available, but for the average inventor, you will do just as well with the free resources above.

http://www.delphion.com/

You should also simply search the Internet for any products or services that embody your idea and are currently on the market . It may be that no one has patented your idea, but from your Web research, you may find that someone has publicly described it years ago or has been marketing it. You will need specific legal advice on this point, but generally stated, if your idea has been publicly disclosed or on sale for more than a year, you may be prevented under US patent law from obtaining a patent on the idea.

Lastly, while the advent of the Internet certainly has made patent research easier, you may still want to have more hands on guidance at a U.S. Patent and Trademark Depository Library. I believe all states have them. In Washington, the University of Washington Engineering Library has a collection set up for the purpose of patent searching.

http://www.lib.washington.edu/engineering/ptdl/patents/pt.html

Good luck!

All answers you have gotten are excellent. I'll point out that there are some patent applications that stay secret for more than 18 months; if the inventor chooses not to file for protection outside of the US, the application can stay secret until the patent actually issues.

Also, the free resources given in the last response are an excellent starting place for a search; however, it's always wise to provide your search results to a patent attorney and have him/her check the search at least. We actually search patents by "classes," and we don't want any classes overlooked. I'll also point out that, while a patent search is probably the best money spent in the patent process, it is usually a voluntary thing; the inventor is under no duty to perform a patent search except in cases where the inventor wishes an "accelerated" examination.

And, finally, I'll point out that patent law is exclusively federal; responses to your question apply equally to Washington State and to California, New York, Ohio, and all the rest of the states. This is one area of law where variations do not occur between the states.

Good luck with it, and feel free to contact me for further assistance.