Patent Search

Patent Search is done to determine if the proposed invention indeed meets the statutory conditions of patentability. The Patent Search was used to be limited to the Patent Search Office database records of prior patents and publications. But the Internet and the recognition of business method patents paved the way for changes in patent searches beyond the Patent Search Office. But still, most patent searches are conducted by starting with the electronic databases of the various Patent Offices worldwide.

It is the patent counsel's job to compare a collection of prior patents, printed publications, journals or other technical articles with the invention. But before doing so, he or she must examine each of these "references" in order to ensure that they are valid. Based on the examination, an opinion letter is drafted, identifying the references similar to the proposed invention. The patent opinion explains what is shown by each reference and distinguishes those references from the proposed invention. Finally, the patent opinion discloses the likelihood that a patent will be granted on the proposed invention.

Patent Search enables the inventor to save money on the patent application in case the invention has already been disclosed. An inventor can conduct his or her own Patent Search or use the services of an experienced patent counsel to perform a Patent Search and opinion for them. In some cases, certain elements of the proposed invention (but not all, will be patentable. A prior Patent Search and Opinion allows the inventor to identify the patentable elements and file a patent application which will not claim the prior art. This may limit the need to amend the application, reducing the total cost of obtaining a patent and results in a stronger patent.

An inventor can start his or her own Patent Search by accessing the U.S. Patent Office Database at http://www.uspto.gov/patft/index.html. The U.S.P.T.O. Patent Database may be the most popular means of search that can be used by a layperson.The Patent Search database only contains "keyword" searchable patent data from 1975 forward. In the case of articles of manufacture it is particularly important that a manual search through the classes and sub-classes is conducted on the U.S. database. A patent search of public databases, publications and journals is also an important step to assure the patentability of the invention.

After the patent search, it is important to understand how to compare the prior patents with your own invention. The limitations expressed in the claims must be understood before the patentability of your own invention can be determined.

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