Patent Search Defined
A proper patent search involves the study of the complete patent databases for multiple countries, scientific records, journals, and relevant publications. While most countries do not require that a patent search be conducted before filing, without one, an inventor essentially precedes blindly as to whether he actually owns rights in the invention that he is pursuing.
The Objective of a Patent Search
When you decide that you should get a patent for your ideas and an invention, the first question that likely comes to your mind is why a patent is necessary. The answer is simple. A patent will protect your inventions and hence provide business security too. To get a patent, searching for a patent is important as it will offer several benefits and advantages to the patent holder. A few of the advantages associated with the research are given below;
- You can improve your invention if you know about current patents.
- You may better understand your competitor’s inventions through the patent search process.
- Through a proper patent search, you may know to learn that what you believe is your invention has already been patented. While this may be disappointing, learning this will save you time, money, and energy.
- You have a better idea about the strength and scope of a patent that will issue for your invention.
- You may have a good idea about the latest technology trends, research and development, and ideas through in-depth research.
- You will save yourself from infringement problems in the future.
- You will learn about expired patents if you go through the patent search process.
- A patent search will give you ideas and confidence about your patent application.
Kinds of Patent Searches
There are four basic kinds of patent searches, as enlisted below;
- Novelty search
- Validity search
- Infringement search
- State-of-the-art search
Let’s discuss each kind of patent search one by one in detail.
Novelty Search
This type of search is also referred to as a validity search or just a patent search. In this kind of search, a researcher or an attorney compares your invention with previous inventions related to the art. An attorney will identify if your idea or invention is likely to be deemed patentable by the PTO. If your invention has already been patented by another, you will not be able to get a patent.
Freedom to Operate Search
This can tell you if your invention might infringe another’s patent, which could lead to a lawsuit later. This type of search tends to be more expensive than a novelty search, as it requires a broader search.
State of the Art Search
This will provide a background on where technology stands in different aspects relevant to the industry or the invention. This type of search tends to be extensive, and in some cases, can uncover hundreds of different references.
Patent Search Techniques
One logical question would be how do you do a patent search? There are two basic techniques that a researcher or an attorney can use for a patent search. They can use both keyword techniques and comparative patent classification techniques. The patent classification technique is a system in the United States of America and Europe. In this system, similar kinds of patents are grouped for better search results. The patent number also helps in finding patents easily. Alternatively, in certain cases, keyword searches can be conducted and matching files can be reviewed and, where pertinent, used to identify additional relevant references.
Who Can Help You For A Patent Search?
You can conduct a basic patent search yourself, as there are many online tools available. However, it is highly recommended that you consult an attorney who can help you to do comprehensive research for your inventions. Professional attorneys are usually familiar with comparing inventions and going through claim elements to determine if an invention is likely patentable or not.
They understand the language written in the patent applications. They also know how to read patent drawings,. Once an attorney has assembled and reviewed the pertinent references, a patent attorney will draft an opinion containing all information about your goal and invention. They also mention in the report if the invention is eligible for a patent or not.
Cost of Patent Search
The cost and expenses associated with this search depend on how complex your business invention or idea is. It also depends on the research that is being done for a patent or an invention. The cost can be high if the invention is complex because it includes research for the current patents and all patent applications.
For most inventions, the cost of a search will be $1500 – $2000. For complex inventions, costs may go up to $3000 or more.
Concluding Remarks
Having a search done before filing for a patent is often a wise move. It will give you a good idea as to whether your invention will likely receive a patent, and will help to identify the most important prior art. In most cases, the cost of a patent search is well worth the peace of mind it can impart, as well as the additional strength it can lend to your patent application.