by sheridan93 » Fri Apr 01, 2011 12:47 pm
Hi, you can do a patent search for yourself online. If in the U.S. go to http://www.uspto.gov/. Keep in mind that if you do not find anything, the concept may still be patent pending, which does not show up in a patent search.
Also, not everything is patentable for one reason or another, and there are different types of patents as well.
Do not contact the companies that already make pencils, because unless your idea is patentable, and unless you have a finished prototype they will not be interested, or they may steal the idea and make it themselves.
In my opinion, do your patent search first. Then draw a detailed sketch of the concept. Find a local patent agent and see if you can get a free consultation with him/her. Bring your sketch(es) in on your appointment. A good patent agent should be able to tell you if the idea is patentable or not, or the type of patent you should apply for.
Also keep in mind that moving forward in the patent process is very expensive and time consuming. Remember too that having a patent does not necessarily stop anyone from making your idea, but it does give you the right to sue if they infringe on your patent.
Best of luck!