The first step is likely going to be a prior art search. While nothing is guaranteed, a good prior art search can give you an idea of what others have already done or might be working on developing (even if they haven't released or started marketing it yet). Work with an experienced patent attorney as early as you can in the process, to guide you through the various options that might be available to you and help keep you from missing important deadlines.
Answered on Jul 08th, 2011 at 1:22 PM