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Procedure for Patent Search
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What is a patent search?
A patent search is a search for any documents, particularly previously issued patents, that will show whether an invention is truly novel and non-obvious and therefore eligible to receive a patent.
Patent searches are generally of two kinds, preliminary & conclusive or complete. Generally inventors prefer to conduct a preliminary patent search themselves, but to improve the likelihood that your patent application will be allowed by the patent office, you must have a complete patent search performed.
With a complete patent search, a professional patent searcher will conduct an expanded search of issued patents and other relevant literature. The relevant utility patents and/or design patents, and other literature will be carefully analyzed by a registered patent attorney, to see if your invention is novel and non-obvious. Then the patent attorney prepares a patentability opinion stating whether your invention is likely to receive a patent.
Why conduct a patent search?
An inventor benefits from patent search for the following reasons:
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To determine if a particular invention is unique
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To identify potential features for new product
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To identify other possible uses for a new product
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To determine independent inventors or companies currently or historically obtaining patents in a particular area
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To find the patent(s) for a particular invention
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To determine the state of the art in a particular area
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To identify patents in a specific field for generating citation maps (a tool in determining the relative importance/value of a specific invention
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To study the rate of innovation in a particular area
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To determine the patent portfolio of a specific company
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To determine if an invention infringes upon the intellectual property rights of others
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To learn about an industry or a specific company
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To search for potential solutions to design or safety problems
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To identify potential licensees
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To identify additional reference materials (journal articles, books, product literature) of use to those working in this area
Procedure to Patent Search
Listed below is a broad outline of how the process of patent search proceeds.
Searchers start with digging into their experience by searching for any specific patents they may be aware of in this area, patents of companies they know work in this field, patents invented by inventors they know in this field, etc.
Next they try a few relevant words in the word search engine and see what turns up. They record the search words on a page in a project notebook and add other words as they come to mind or we encounter them in other patents. Usually the word list becomes separated into groups of words covering different aspects of the invention.
They use the Classification Index, Manual of Classification & Classification Definitions to look up the specific class and subclass under study. This is a tricky part and requires expertise. Then they search the database to identify patents in the classes and subclasses identified.
They will then examine the abstract and image of these existing patents to identify those resembling your device and make copies of the drawings, abstract and description of patents closely resembling your invention and of inventions serving the same purpose.
Inventors can also ask for the following additional information by a complete patent search
Your patent attorney will examine the patents for companies frequently appearing as assignees (patents assigned to them). Search for other patents assigned to these companies in an attempt to identify more patents in the area of interest.
They will also list inventors frequently appearing on the patents (both independents and those working for companies). Search for other patents listing these individuals as inventors in an attempt to identify more patents in the area of interest.
How does your product compare to the products found during the patent search? (and to those found below in the market and emerging technology searches) Why would someone purchase yours instead of theirs? Why would someone purchase theirs instead of yours? Construct a matrix to compare the products based on features. Which products have which features?
So, we wish you all the best for your patent
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