Patent Search
A Patent Search is a process of reviewing existing patents and patent applications to determine if your invention is novel and non-obvious. Before filing a patent application, conducting a patent search is essential to ensure that your invention does not infringe on existing patents. A comprehensive patent search helps you assess the likelihood of obtaining a patent for your invention and can save time, money, and effort in the long run.
Important Points About Patent Search
Purpose of Patent Search:
A patent search is conducted to identify prior art—existing patents and published patent applications that may be similar to your invention. This ensures that your invention is new, non-obvious, and useful.Types of Patent Searches:
- Novelty Search: Determines if your invention is new and hasn’t been patented before.
- Freedom to Operate (FTO) Search: Helps determine if your product or invention will infringe any existing patents.
- Validity Search: Conducted to assess whether an existing patent can be invalidated due to prior art.
- State-of-the-Art Search: Identifies the latest developments in a specific technological field.
Global Search:
Patent databases cover patents from many countries, so a global patent search is crucial if you intend to seek international protection. This includes databases like the United States Patent and Trademark Office (USPTO), European Patent Office (EPO), and World Intellectual Property Organization (WIPO).Search Databases:
Patent search is typically done through databases such as:- USPTO Database (USA)
- EPO Espacenet (Europe)
- WIPO PATENTSCOPE (International)
- INPI (India) These databases provide detailed information on patent applications, granted patents, and legal status.
How to Conduct a Patent Search
Define Your Invention:
Clearly define your invention and list its key features. Break it down into technical aspects and identify unique points that could be patented.Select Keywords:
Identify keywords and terms relevant to your invention. You can use specific technical terms, synonyms, and even variations of the invention to ensure comprehensive search results.Choose Search Databases:
Use trusted patent databases such as USPTO, EPO, or WIPO for your search. These platforms allow you to search patents by keywords, classification, inventor name, and more.Use Classification Systems:
Patents are categorized into international classifications such as IPC (International Patent Classification) or CPC (Cooperative Patent Classification). Search by these codes to refine your search.Analyze Results:
Carefully review the patents you find to determine if your invention is already disclosed. Analyze the claims, descriptions, and illustrations to identify similarities or differences.Consult a Professional:
Patent searching can be complex. If you are unsure about the results or need a more thorough analysis, consider consulting a patent attorney or a professional patent search firm to interpret the results accurately.
Benefits of Patent Search
Avoid Infringement
A patent search helps you ensure that your invention does not infringe on existing patents, reducing the risk of legal disputes.
Save Time and Money
By identifying any potential obstacles or prior art, a patent search helps you avoid filing an application for an invention that may not be patentable. This saves time and money on unnecessary filings.
Assess Patentability
Conducting a patent search gives you an idea of whether your invention is truly novel and non-obvious, increasing your chances of a successful patent application.
Strategic Planning
A patent search provides valuable insight into the competitive landscape and helps you understand where your invention stands in relation to existing technologies.
Documents Required for Patent Search
Detailed Description of Your Invention:
A clear description of your invention, including how it works, its unique features, and its purpose.Keywords and Key Concepts:
List of technical terms and keywords that describe your invention, which will aid in refining the search.Drawings or Diagrams:
Any sketches, drawings, or diagrams that help to explain the working mechanism of your invention can be useful for a detailed search.Patent Numbers (if applicable):
If you have identified any specific patents that may be relevant, include their patent numbers for a more focused search.
Deliverables of Patent Search Report
List of Relevant Patents:
A detailed report listing the patents and patent applications that are most relevant to your invention, including their filing numbers, titles, and filing dates.Analysis of Similarities and Differences:
A comparison between your invention and the identified patents, highlighting similarities and areas where your invention is different.Patentability Opinion:
A professional opinion on the likelihood of obtaining a patent based on the search results and analysis.Legal Status of Identified Patents:
Information on the legal status of the relevant patents, including whether they are active, expired, or abandoned.
Frequently asked Questions
A patent search helps ensure that your invention is novel and non-obvious, which is crucial for obtaining patent protection. It also helps you avoid patent infringement.
A basic patent search can take a few days to a week, depending on the complexity of the invention and the search parameters. A comprehensive search might take longer.
Yes, you can conduct a basic patent search using online patent databases, but for a more thorough search, especially in complex cases, it is advisable to consult with a patent professional.
A patent search helps you evaluate whether your invention meets the criteria of novelty, non-obviousness, and utility. A patent professional can give you a better understanding of your invention's patentability.
If your search identifies similar inventions, you can refine your invention or claims to ensure that your application stands out. If the inventions are identical, you may need to reconsider filing.
Yes, if the search uncovers prior art that has not been considered, you may use it to challenge the validity of an existing patent through a re-examination process.
Why Choose Us
Experienced Professionals:
Our team consists of certified and experienced Registered Valuers who follow industry standards and legal requirements.
Timely and Accurate Reports
We deliver detailed and accurate valuation reports within the stipulated time frame, ensuring that our clients can make informed decisions.
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Documents and information are always kept private. Information shared with the lawyer are 100% confidential.
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