A patent search is the process of determining if your invention is patentable. It works by reviewing the existing inventions in the world. A patent search doesn’t just mean combing through patents or spending hours Googling. Any document in the public eye could result in a denial of your application if it could be used to recreate your idea or is considered the same invention. You can get help from a patent search lawyer to make this process easier.
If you want to complete a patent search successfully, you’ll need experienced counsel. A knowledgeable attorney can conduct a thorough patent search and provide their legal opinion on your invention’s patentability, based on the nation’s patent search laws, saving you time, worry, and even money.
Hire a Patent Search Lawyer at Bold Patents
At Bold Patents, we don’t just do a basic patent check online. Instead, we complete a comprehensive review to make sure we find any publication or patent document related to your invention. With us, you can uncover the potential barriers in your application and overcome them.
As a law firm, we include a written opinion with our search reports. This will have a recommendation based on the analysis of the prior art found. These legal opinions analyze not only whether you can acquire the patent rights but also the enforceability of that patent in the event of litigation. Our firm can manage your patent search case, whether you are an independent inventor or operate your own small business.
Patent Search Options
There are three primary ways to complete a patent search. You can do it yourself, work with a patent database, or have a patent attorney search on your behalf.
Each option has different costs and unique risks, but you should always do some form of thorough patent search. While some inventors delay their patent searches to avoid the expense, filing a patent or creating a product without a thorough patent search involves even more significant risks.
You could end up taking time to create something that has already been patented or will cause you unnecessary patent infringement litigation. This also means you sink a lot of costs into the invention, including application, examination, and search fees that can range from $48 to $880.
DIY Patent Search
Some individuals choose to complete their patent searches themselves. This information is publicly accessible free of charge via the Patent Full-Text and Image Database.
However, while it is possible to do a patent search by yourself, it isn’t recommended. If you don’t know what you’re looking for, you probably won’t uncover all the potential issues for your patent. You are more likely to miss important patent filings that are connected with your invention, which can threaten its patentability. Additionally, the database doesn’t offer extensive options for prior art searches, which is another important step before filing a patent application.
Patent Database Searches
Many online databases attempt to consolidate patent information and improve your search process. Some of these patent search tools may also include access to prior art searches and provide a more user-friendly experience.
Some are free, like Google Patents. Many, however, are fee-based services, with prices increasing in accordance with detail and guidance.
How a Patent Search Attorney Can Help You
A patent attorney has a research team or department to help them uncover all potential patents or prior art that may impact your application. You can then get a written opinion on whether to move forward or not.
These individuals will be very familiar with the search process, so they’ll stand the most considerable chance of success.
You can either conduct a USPTO attorney lookup and pay for a single service or obtain more help through a full-service patent firm.
Patent Search vs. Prior Art Search
It’s important to understand the purpose behind conducting both a patent search and an art search.
A patent search occurs when you search through existing patents to locate inventions that may be like yours. However, it’s only one aspect of the process. To be patentable, an invention cannot have previously been patented or publicly disclosed. Often, your issue won’t stem from an existing patent; instead, it will come from a publication of an invention that has not been patented.
“Prior art” is a broader term that includes patent publications and any public information available to a person of ordinary skill in the field of your invention.
For example, an examiner may find a blueprint on a public website that shows how to make and build your invention. Unfortunately, that would mean that your invention is not unique and is, therefore, not patentable. Prior art is frequently the culprit in patent denials, but not all services will help you uncover it.
Even if the prior art doesn’t fully describe your invention, it’s frequently a basis for denial related to patent obviousness when combined with other references. In this situation, the examiner determines that someone with reasonable knowledge could use existing prior art to create your invention.
While existing patents and art can sometimes make your invention not patentable, it doesn’t always. You could include these patents and inventions in your application. Then, you can demonstrate how your invention is different from them and why it should be patentable. If you want to cover both patents and publications in your search and assess patentability properly, work with an experienced intellectual property attorney, like one from Bold Patents.
Why a Patent Search by an Attorney Is Your Best Bet
Bold Patents understands the challenges involved in the search processes for prior art and patents. That’s why we do a comprehensive review to uncover anything that could be used to deny your application. We don’t just work with prior art and patent issues, either. We can also guide you on possible revisions when a match is found, so you can differentiate your invention.
However, the most important reason for working with an attorney is to have their legal opinion on whether you should continue forward and file a patent application.
There are many issues an attorney considers when writing this opinion. These include a perspective on what scope of rights the inventor might have if a patent were granted. Sometimes, even if the attorney could successfully secure a patent, the scope of your rights would be so narrow that it wouldn’t be worth the time, money, or effort to get the patent.
When Is Technical Education and Experience Important in a Patent Search?
Technical knowledge is always important in a patent search. When conducting a patent search in a particular field, an understanding of that field helps attorneys and inventors review the appropriate types of patents and inventions. That way, they can understand what is considered reasonable knowledge for a professional in the field.
When an attorney has technical knowledge of a field, like electrical engineering, they understand the terminology and the current state of innovation there. When you hire them for a software patent, this allows them to more quickly assess if you have something that can be patented. They can also conduct a faster patent and art search.
An attorney with the right technical education can more effectively assess technical documents and literature for a comprehensive art search.
The Industries That Bold Patents Can Help With
The Industries That Bold Patents Can Help With
At Bold Patents, we have knowledge, education, and experience in numerous areas of innovation, including:
- Medical devices
- Robotics
- Nanotechnology
- Computer hardware
- Cleantech and greentech
- Agriculture
- Transportation and logistics
- Architecture & Construction
- Optics
- Cybersecurity
- Telecommunications
- Electronic devices
- Algorithms
- Artificial intelligence (AI)
- AI-generated inventions
- Gaming
- Consumer products
We have attorneys with technical backgrounds in, among other fields:
- Engineering
- Mechanical engineering
- The aerospace industry
- Software
- Business methods
- Biomechanical engineering
- Chemistry
- Physiology
- Cellular and molecular biology
When you need a skilled team with a deep understanding of numerous important fields of innovation, contact Bold Patents.
What Your Patent Search Lawyer Can Do for You
While there are free patent search tools available, nothing compares to a professional search. Frequently, inventors believe they have done a thorough search on their own, but they later discover that they have patent and IP issues.
You also should not assume that your idea is novel simply because the product is not on the market. Only a small number of patented inventions are commercially available.
When you hire a patent search lawyer, they can:
- Work with you to understand the technical details of your invention and business plan.
- Perform extensive research and analysis, often using proprietary methods.
- Issue a report that includes patent recommendations.
Typically, this search includes an analysis of publications, along with existing and pending patents, both in the United States and internationally.
Once the patent search is complete, your lawyer can draft a report or opinion. This document may discuss:
- Potential challenges to your patent application
- The likelihood of your invention’s patentability
- The specific claims that are most likely patentable
While the level of detail may vary, depending on your needs, the patentability opinion should disclose existing patents that are similar to your invention. Your IP lawyer’s opinion should also provide you with insight into how to proceed with your patent or other IP strategies.
If your invention appears patentable, you can prepare and file a patent application. A patent application can successfully frame your invention as new and novel. You can tailor your descriptions and claims to focus on the most patentable elements of your inventions.
Filing a Provisional Patent
Sometimes, it may be in your interest to apply for a provisional patent before you complete a comprehensive patent search. A provisional patent grants “patent pending” status and may preserve an earlier effective date for your nonprovisional patent. On average, the examination process takes 27.90 months to complete, so a faster process is useful.
If you are unsure whether a provisional patent is in your interest, contact an IP lawyer for an assessment. A lawyer can develop a patent strategy that both protects your intellectual property and is cost-effective.
FAQs
What Is the Patent Search Process?
The process of a patent search involves reviewing all existing patents, inventions, and publicly disclosed ideas. A patent search is a vital part of any IP strategy. Patent searches can help you refine your invention, complete a successful patent application, and fully protect your intellectual property. A professional and comprehensive patent search can also prevent unnecessary expenses and delays.
Why Do I Need a Patent Search?
To receive a patent, you must prove that your invention is novel, which a patent search can do. There must not be evidence of “prior art” concerning your invention, including:
- Knowledge in the public domain
- Prior or pending patents
- Published discussions
- Public use or sale of identical products
A thorough patent search can indicate your chances of patenting your invention. It may also help you fine-tune your patent application and potentially result in an approved patent.
Is a Patent Search for Software-Related Inventions Difficult?
While all patent searches are highly technical and time-intensive, software-related searches are particularly complicated. Not all software is patentable, and the USPTO sometimes struggles to understand the nuances of software development. An IP lawyer can explain your rights and work to fully protect your algorithms and systems.
When Should You Do a Patent Search?
When you should do a patent search depends on why you want to perform one. You may want to conduct the search during the invention process so you know which areas are open for innovation. You should definitely do it before you file a patent application to check for patentability. You should not avoid a patent search. If you don’t perform a thorough patent search, you can spend significant time and resources developing a product that can’t be patented.
Speak With a Patent Search Lawyer
A thorough patent search is a vital part of the patenting process. At Bold Patents, we provide our clients with detailed patent searches and other customized IP solutions. We can help you protect your intellectual property and long-term business goals. Contact us for a confidential evaluation today.
The best patent search isn’t a database or a DIY option. It’s Bold Patents, a fully remote firm that still offers the collaborative approach you get in an office and will give you a researched-backed legal opinion you can rely on. Reach out to us on our contact page or contact us at 800-849-1913 to learn more about how we can help you.