1. Did you invent it?
You can obtain a #patent only if you are the inventor, co-inventor, or the assignee of the #invention. A co-inventor is anyone who makes a contribution to at least one novel and nonobvious concept that makes the invention patentable. US patent law also specifically states that an inventor must contribute more than would be expected of a simple technician.
An assignee is owner to the rights to an invention. In patent drafting terms, the co-inventor must contribute something substantial to one of the patent claims. A patent application will generally claim at least one of the distinctive new features of the invention.
2. Do you own it?
Just because you invented something doesn’t mean you own it. If you made the invention in the course of your job for an employer you may be under an obligation to assign the invention to your employer. The obligation to assign is pretty straight forward if you were assign the task of inventing your invention. Usually this is laid out in the employment contract, however sometimes an employer may not want to go through the process of trying to apply for a patent so these rights can be waived if the employer is willing.
3. Is it marketable?
To determine the marketability of your invention, conduct your own personal market research. Is this something you would buy? What about your friends or, if you know an expert in the field, ask that person. The goal is to figure out whether potential consumers will have any interest in the product or device. When you ask for opinions, avoid taking criticism personally, and try not to argue when the person you asked makes criticisms.
Some questions you may want to ask…
Are you solving a problem?
Who are the target users?
Are there customers already buying something similar?
How important is your invention? Are you filling in a gap of the state of the art? Is your invention disruptive? Or is it incremental? Is it a practical improvement? Can it make a difference?
Keep in mind that it may not be necessary for you to sell the invention yourself. If your invention is an improvement on an existing product, that producer may have an interest in selling the improved product.
At this point it is best not to make up sales materials as it will start the clock running on when to you will lose the opportunity to apply for a patent. Confidentiality is always important to people in the patent business, and a patent agent can help guide you through these issues.
4. Is it useful?
The improvement must actually make a improvement in the utility of the object. Artistic works for example books, paintings, and music are better classified under laws covering copyrite protection.
5. Does it fit into one of the patent "classes"?
The four classes of inventions covered by patent laws are: processes and methods, machines, articles of manufacture, and compositions of matter. Often new inventions cover multiple classes. Drugs and medicines are often covered by both the composition of matter, and method of use claims. A new device would most likely be covered by both the machine and the methods of use type of claims.
6. Is it new?
Here a where a good patent search can be useful. You have to be the first to create and apply for a patent to be allowed to claim patent rights to that invention. In the effort to determine if you are the first Google patent can be a good first step in the trying to find out if you are the first. However, googles patent database can be incomplete, and what you are looking for may not be that simple to find. The next step would be to use the USPTO's specialized database. This datbase is more complicated to use so you should seek the help of someone with training to assist you in your search. The USPTO has a network of libraries/resource centers with trained librians to help you if you want to try this yourself. If you do not want to try this yourself patent searches are one of the services that Willis Patents Services, or another patent agent will offer for a fee.
7. Is it obvious?
Once you have a set of inventions with elements that are simililar to yours you now will want to determine if another person with average skill in your field would have made the same invention. This could be a jugement call depending on how close the comparisons to prior inventions are. These prior inventions are called "prior art" in legal language.