A Patent Search is a search of the prior art, namely, that which is known and already invented. A patent search is important because it can not only save an applicant the expense of filing a patent application on subject matter already patented or within the public domain, but also afford an applicant an opportunity to invent over the subject matter discovered from the search. A patent search can also make an applicant aware of potential infringement issues. More reasons to conduct a Patent Search include:
Determine if a your invention is unique
Determine if an invention infringes upon the intellectual property rights of others
Identify potential features for your invention
Identify possible alternate uses for your invention
To identify additional reference materials (journal articles, books, product literature) of use to those working in a field.
Determine the state of the art in a particular field
Study the rate of innovation in a particular field
Learn about an industry or a specific company Find the patent(s) for a competing invention
Determine independent inventors or companies obtaining patents in a particular area
Determine the patent portfolio of a specific company
Identify patents in a specific field for generating citation maps
Search for potential solutions to design or safety problems
Identify potential licensees
Identify inventors working in a certain field.
A patent search is a search of all previous public disclosures (prior art) including, but not limited to, previously published disclosures and patented inventions anywhere throughout the world. Although a patent search of the prior art before filing an application for patent is not required, it is advisable to do so long before you get to the application stage because after an application is filed, the Patent Office will conduct a search as part of the official examination process. If prior art in uncovered at that point, all of your time and effort will have been for naught.
Tips on Conducting your Patent Search
There are a number of free online resources where you can conduct a Patent Search:
Start by searching using keywords or phrases that describe your invention. Look for common terms describing the invention and its function, effect, end-product, structure, use, etc.
Your results will list the title and number of all patents related to your keywords and will be linked to the full text of the patent and images.
Be sure to examine other referenced patents that are listed in your first level of results.
Check classification numbers associated with each patent in your search results. Go to the Manual of Classification to find out what the number mean and then go to the Definition of Classifications to understand the invention.
You can also visit a patent and trademark depository libraries for better access to the older patents. It is helpful to make an appointment with one of the patent librarians for further help.
You will not be able to do a complete search online for a pre-1976 patent unless you know the exact patent number because the documents prior to 1976 are not searchable by the text contained.
Use an attorney, agent or independent research company when accuracy becomes more important. Keep your own search results and compare them to the professional search.
Make sure you get a signed a non-disclosure agreement before hiring a professional. Watch out for invention scams!
Professional searches may come with a formal written opinion or simply be copies of the prior art found in the search. Ask how the search will be done, what databases will be used and how the results will be presented.
For more useful tools and resources on Patents and Patent Searching, check out the Patent Research Tools page.
Patent Search
Why Search?
A Patent Search is a search of the prior art, namely, that which is known and already invented. A patent search is important because it can not only save an applicant the expense of filing a patent application on subject matter already patented or within the public domain, but also afford an applicant an opportunity to invent over the subject matter discovered from the search. A patent search can also make an applicant aware of potential infringement issues. More reasons to conduct a Patent Search include:
A patent search is a search of all previous public disclosures (prior art) including, but not limited to, previously published disclosures and patented inventions anywhere throughout the world. Although a patent search of the prior art before filing an application for patent is not required, it is advisable to do so long before you get to the application stage because after an application is filed, the Patent Office will conduct a search as part of the official examination process. If prior art in uncovered at that point, all of your time and effort will have been for naught.
Tips on Conducting your Patent Search
- The U.S. Patent and Trademark Office
- European Patent Office
- Free Patents Online
- Delphion
- Google Patents
For more useful tools and resources on Patents and Patent Searching, check out the Patent Research Tools page.