I own a manufacturing company, Audioplex Technology, Inc., and have had experience with patents so here goes:
1) Conduct your search to see if your product is unique. There DOES NOT have to be huge differences.
If you find something similar to your product but you believe that your product is better, easier to use, etc.,
yours could very well be patentable as long as you do not infringe on someone else’s pattern. Example,
In the electronic field; An infrared repeating system was patented which ran on Co-Ax cable only, another infrared repeating system (same) can received a patent that runs on Cat-5 cable.
2) APPLY FOR A PATENT. When you list your item for patent be explicit in your description…..leave nothing to vague interpretation. Over describe your product, its function, etc. You may list 15 points that you want patentable, after a period of time (can be a year or two) you may receive a patent for six of your points.
3) As long as you are not infringing on anyone else’s pattern, you may manufacture and market your product BUT ONLY AFTER YOU APPLY FOR YOUR PATENT! However, you must put “Patent Pending” on your product, its manual or instruction sheet, advertising or anything else representing your product. That will protect you and allow you to market your product while you await your patent from the patent office.
4) Once you have applied for a patent and are marketing your product should anyone else copy your idea? When you receive your patent, and if they are infringing upon your patent, you can sue them. You can receive a substantial lump-sum amount of money, plus any profits that they received from selling their product.
5) Don’t be afraid…..just search for a similar product like your, then if none, file for a patent.
Best of luck….I wish you much success and financial reward!
Nancy