19/12/2024 Legal
Patent Search
Patenting your invention is a complex process, but understanding what can and cannot be patented is a good first step.
A patent search is a search of issued patents and published patent applications for inventions that might be considered important “prior art” references when applying for a patent.
A Patent Search is a search across various databases to see if someone else may have already patented your invention or an invention similar to yours.
The prior art is anything in the public domain, patented or not patented, that may determine whether an invention is novel or not.
Before starting your search, ensure that your invention meets the requirements for securing a patent.
Before conducting a patent search, it is important to know the different types of patent searches available. we are mainly focusing on the four most common patent searches i.e., patentability search, invalidity search, clearance search, and state-of-the-art search.
Patentability Search
A patentability search or novelty search happens prior to filing a patent application. This search verifies that your invention is new and qualifies for a patent. The patentability search is one of the most common searches that we conduct for inventors/applicants. we suggest that the applicants cannot spend money by filing a patent application without doing this search.
Invalidity Search
An invalidity search happens after a patent has been issued. This search aims to locate documents that challenge the validity of a patent because of research missed during the original patentability search. It’s usually conducted by another party trying to invalidate the patent.
Clearance Search
A patent clearance search can determine if an invention infringes on another patent. Think of it as getting “clearance” that your invention is good to go. It is also known as a freedom-to-operate (FTO) search.
State of the Art Search
To learn more about other patents in the same field as your invention, a state of art patent search is best. Once conducted, you’re exposed to all relevant and prior art that relates to your invention. This search can help you understand recent research to help you adjust accordingly.
Note: It’s imperative to note that one search does not compensate for another search. For example, when you conduct a patentability search, you are finding out if your invention is patentable, or if you qualify for a patent. The search will not cover an invalidity search, or tell you if you’re infringing on another patent. When searching choose the one best for your needs.
CAN I DO A PATENT SEARCH MYSELF?
Go to uspto.gov or WIPO or Google Patents to start. Next, select tools to help search by patent classification from the list of related USPTO services.
You can also start searching at google.com/patents. There are many websites that offer free patent searches.
Patent searching is a valuable tool. It will reveal prior art and helps in patent drafting.
Many inventors opt to do their own patent search to save money.
Although conducting your own search is a reasonable idea, you must be cautious. As an inventor, you may not know how to accurately perform a search. You can miss key information that will be vital to your case.
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