U.S. Patent Search

U.S. patent search is an important step in attaining patent. U.S. patent search determines the patentability of an invention. It serves as the basis in applying for a patent. U.S. patent search has traditionally been limited to the U.S. Patent and Trademark Office database records of prior patents and publications. But the internet and the recognition of business method patents change the methods. U.S. Patent searches are now conducted beyond the walls of the U.S. Patent and Trademark Office.

U.S. patent search makes use of printed publications, journals or other technical articles. It is the patent counsel's or, if there is none, the inventor's duty to examine each of these "references" and compare them with the proposed invention. In the case of prior patents, the claims of the patent will define the scope of the invention. Reading and understanding claims is an art that comes with experience. From this 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 then if possible distinguishes those references from the proposed invention. Then as a parting shot, patent opinion discloses the likelihood that a patent will be granted on the proposed invention.

For an inventor to be able to start his or her own U.S. patent search he or she needs to access 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 U.S. Patent search available to a layperson.The U.S. 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. Moreover, public disclosure or public use of the invention, even without patenting, renders it unpatentable. Accordingly, a search of public databases, publications and journals is also an important step to assure the patentability of the invention.

U.S. patent search helps prevent shelling out thousands of dollars in a patent application. An inventor has the choice to conduct their own U.S. patent search or retain experienced patent counsel to perform a U.S. patent search and opinion for them. But all is not lost for the inventor in cases of prior art. In some instances, certain elements of the proposed invention (embodiments), but not all, will be patentable. A prior U.S. patent search allows the inventor to identify the patentable elements and file a patent application which avoids the prior art. U.S. Patent search limits the need to amend the application, reducing the total cost of obtaining a patent and results in a stronger patent.

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