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What is a Patent Search? A patent search is a search of issued patents and published patent applications that are relevant or related to your invention, which may be considered important “prior art” references when applying for a patent. Prior art is any product, publication, or patent, that may be relevant or related to your invention. In order to be patentable your invention must have a new part or element not found in prior art to be new or novel. A patent searcher reviews the drawings and text of US patents and patent applications to determine whether your invention is new and determines the scope of potential patentability.
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- How much is a Patent Search? What does a Patent Search cost? Patent Search: $450 to perform a patent search & provide you with copies of prior art references (US patents & published patent applications) located during our search of your invention. This is not an online search rather a search at the US Patent Office Search Room. To prepare a written patentability opinion, read and analyze each piece of prior art, and draft patentability opinion letter ($450-800) additional. Business Method patents can run $900 to perform the search. Time 1-2 weeks ~$900 to perform a patent search at US Patent Office & prepare a written Opinion on scope of patentability.
Why perform a Patent Search?
There are many reasons why an inventor should spend time searching and educating themselves about existing patents and published patent applications, which are similar or related to the inventor’s idea. First, in order for your new idea to be patentable it must be new or novel. To be new or novel, means you typically have a new part, element, feature, or step in a process that no other patent contains. To know if you have a new part, element, feature, or step in a process you must research all of the existing patents and published patent applications. Where do you look for existing patents? Search online, at United States Patent Office or Google Patent Search or FreePatentsOnline. Download pdf files of any relevant patents and published patent applications and identify their parts and features. Step back and compare your invention’s list of parts to the parts and features found during your patent research and determine whether you have a new part or feature. If yes, you may have a new idea that can be protected by a patent.
How to do a Patent Search yourself?
- How to conduct a Patent Search? In order for an invention or idea to be patentable your invention must be new meaning you have a new part, element, feature, or step in a process as compared to other patents and patent applications. So how do you perform a thorough and accurate US PatentSearch? Have you found all the related or similar US patents and patent applications?
- Let G&W be your Patent Searcher – We offer a comprehensive US Patent Office search performed at the US Patent Office records room, a physical search in person search at the US Patent Office. So it makes sense to perform your own initial online searching in the beginning, but be careful relying on your own search before you spend thousands of dollars to obtain a patent. You will want to review the patent searching websites United States Patent Office or Google Patent Search or FreePatentsOnline. It is advisable for every inventor to at least do a preliminary search of US patents on their own. If you can find something during your search of US patents that is close to your invention analyze and compare elements of each.
- Note database search engines have search query flaws and have missing patents within their databases. Occasionally, I have looked for patents in these databases I know to exist and cannot always find them. Additionally, the most recent patents are not always immediately available.
- The US Patent Office also has a helpful US patent search tutorial and frequently asked questions to educate inventors on how to use the online search features.
- Try various search terms to make sure you are covering all possible descriptions of the invention.
- Once you receive a short list of relevant patents you need to read the patents, high light the elements or parts and see which ones are relevant.
- Also bear in mind that this search did not include foreign patents and other publications, U.S. and foreign, that may be available to an examiner during the examination of a patent application.
- Additionally, unpublished pending patent applications cannot be searched. As a result, a favorable patent search should not be taken as a guarantee that the invention is patentable. It is possible that a relevant reference may have not been uncovered even by an experienced patent searcher.
- You are also reminded that any public use, offer for sale or sale in the United States prior to the filing of a US patent application may prohibit the granting of a U. S. patent. Foreign patent laws in this regard may be much more restrictive than U.S. law. Protect your invention by first filing a Provisional Patent Application.
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