It is impossible to know if your device an be patented unless I see it and perform a search on the prior art patents. Some one else may have patented it before you. Just because you do not see the device for sale does not mean that no one has patented it. First place to go is to see a patent attorney.

Answer Applies to: Oregon
Replied: 9/26/2011

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In order for your idea to be patentable, the invention as claimed must be useful, new and nonobvious. If it meets these statutory requirements, it can be patented.

Answer Applies to: Michigan
Replied: 9/23/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

You may indeed have a patentable invention. I recommend that you complete the Inventor's Testimonial, a form I have created to assist inventors in documenting their process and dates of invention.[You can access this from my website listed below by clicking on "patents" and then "new client patent form"] You could also create a written summary of your invention describing what problem(s) it is attempting to solve, how it is better than other solutions already available, and how it operates. Making a working prototype is always recommended, as your design may change when you try to put your concept into practice. Drawings are always helpful and will ultimately be required by the U.S. Patent & Trademark Office. You may wish to strongly consider having a patent search conducted on your behalf, as well as doing your own informal patent searching (save the designs you believe are the closest, even if you do not believe they are very close).

Answer Applies to: California
Replied: 9/23/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

A theft-prevention locking mechanism for a bicycle may be patentable, if it is novel and not obvious in view of the known prior uses and publication of such devices. A search of the prior patent and publication art is your first step. If your idea or invention, or something very similar, has already been done by someone else, you might want to carefully consider your costs to prepare a patent application and obtain a patent grant, relative to the benefit gained by the exclusivity rights of a patent grant. You can perform this search on your own, though I recommend that you consult and work with a patent lawyer. Please feel free to contact me or any registered US patent lawyer.

Answer Applies to: Ohio
Replied: 9/23/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

The best and only way to start is to retain intellectual property counsel. Such counsel will review your proposed invention with you in confidence, conduct a search of the prior art to ascertain if your invention is patentable, assist you in developing a business plan, and advise you whether there are alternatives to patent protection for protecting and branding your business concept. Of course, competent intellectual property lawyers will expect to be paid for their time in advising you.

Answer Applies to: New York
Replied: 9/23/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

The first step (optional) is to have a patentability search and opinion made to get a good idea if it is likely that you would get a patent or not. The search is of prior art references (typically U.S. patents and other publications) and the opinion is based on novelty and non-obviousness of your invention. If the opinion is favorable, the next step is preparation and filing of a patent application. U.S. law changed last week with the signing of the America Invents Act, which now changes U.S. law to create the right of ownership in an invention to the first inventor to file an application.

Answer Applies to: Georgia
Replied: 9/23/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Some steps you might consider taking are (a) doing a prior art search, (b) preparing drawings and (c) writing the application. You are permitted to do all this yourself but you will usually get better results if you retain qualified patent counsel to assist you.

Answer Applies to: Texas
Replied: 9/23/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.