Conducting A Patent Search

If you have a great idea or new invention and want to patent it, do your homework first. Make sure somebody hasn't already beaten you to it.
  

Things You'll Need

• Patent Applications
• Attorney Referral Services
• Patent Marketing Services
• Patent Searching Service
• Patent Software

Suggestions

Conduct a Self-Search

• Determine what type of patent you will be seeking. A utility patent covers the functional aspects of an invention, while a design patent only covers the appearance of an invention.
• Access an online patent database such as the ones provided by the U.S. Patent and Trademark Office (PTO) and IBM. Determine the most relevant classes and subclasses for your invention.

• Read the class descriptions in the database to see which are relevant to your idea.
• Review all patents issued within those classes.
• Perform comprehensive keyword searches for your potential invention. Leave no stone unturned.
• Assemble your search results into a report that can be readily referenced.

Hire Professional Services

• Know your options: a patent agent or attorney or a lay searcher. A patent agent is an individual with some technical training who is licensed by the U.S. PTO to prepare and prosecute patent applications. A patent attorney is licensed by the PTO to prepare patent applications. To find a patent searcher, look in the yellow pages under "Patent Searchers."
• Also see Tips below.
• Utilize your searcher's services efficiently. Do this by providing the searcher with a clear and complete description of your invention together with easily understandable drawings. The more thorough you are, the better.
• Analyze your searcher's response thoroughly.

Tips

• Patent databases available over the Internet only go back to 1971. If your invention employs recent technologies, databases such as those available on the PTO and IBM Web sites will be fine. But if you need to search for pre-1971 patents, you will need to visit a Patent and Trademark Depository Library.
• To qualify for a patent, your invention must be different than all previous developments in the area, whether or not they ever received patents. You should therefore also search for past and present real-world developments that might bear on your invention's novelty.
• You need not worry about compromising the trade secrets of your invention when corresponding with your professional searcher. All information exchanged is considered confidential.
• Most search reports contain the following: a description of your invention provided by the searcher to confirm complete understanding of your invention and to indicate exactly what has been searched; a list of the patents and other references discovered during the search; a brief discussion of the relevance of the found patents and references; and a list of classes and subclasses searched and examiners consulted.
• Lay searchers generally can be hired for half the cost of patent agents or attorneys. However, be aware that they are not regulated by any authority.
• Incomplete or inadequate patent searches can waste time and money. Search extensively to make sure your idea is patentable and does not infringe upon patents that are still in effect.
• A pitfall of any patent search is that there is currently no way to search pending patent applications, as these records are kept confidential. Changes will occur in December 2000.
• A patent search might not yield helpful results in newly developing fields such as the Internet or biotechnology, since many relevant developments can be expected to be the subject of pending applications, which are kept confidential by the PTO.
• Performing an accurate and thorough patent search takes practice or know-how. This short checklist suggests a course of action, but to avoid wasting time, you should educate yourself further about patent searches before you try one yourself.
• This information is not intended as a substitute for professional legal counsel. Refer to legal references and consult an attorney for up-to-date, comprehensive guidance.

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