Patent Attorney and Founder
How to Check If Your Invention Is Already Patented
Hi, I’m JD Houvener, founder and patent attorney at Bold Patents Law Firm. Over the past 10 years, I’ve helped inventors secure nearly 500 patents. I also wrote Bold Ideas: The Inventor’s Guide to Patents and created a free inventor kit (linked below) to help you get started.
Now, let’s tackle a common question: How do you know if your invention is already patented?
You’ve got an idea—maybe one you’ve been thinking about for a while. You believe it’s unique, maybe even groundbreaking. But how do you confirm that someone hasn’t already patented it?
Start with Research
The first step is simple: do some digging. Start with a Google search or use Google Patents. If your idea is outside your usual industry, you’ll need to familiarize yourself with that field. The more you know, the better your chances of spotting anything similar.
Once you’ve done some basic searching, head to the U.S. Patent and Trademark Office website (USPTO.gov). They have a powerful search tool where you can dig deeper.
What to Look For
Patents hinge on novelty. To get a patent, your invention must be:
- New – It can’t be identical to something already patented or published.
- Unique – It must offer something different and valuable.
There are two main types of patents:
- Utility Patents: These cover how something works. They offer broader protection and are ideal if your invention has innovative functionality.
- Design Patents: These focus on how something looks. If your invention’s value lies in its appearance, this is the route to explore.
But it’s not just patents that can block your application. Published studies, research papers, or even an online article could count as “prior art,” preventing you from claiming your invention as novel.
When to Get Help
Doing this research yourself is a great start, but it’s not always enough. Patent attorneys specialize in digging through databases, analyzing prior art, and identifying whether your invention stands out.
At B Patents, we provide patentability analyses to help you figure out if your idea is truly original before you invest in filing fees, drawings, and detailed applications.
Take the First Step
Download the inventor kit below to learn more about the patent process. This step could save you time, money, and stress down the road. Remember, a strong patent can be the foundation of your business.