When should I do a patent search?

When should I do a patent search?

In order to obtain a patent, an application must be filed with the United StatesPatent and Trademark Office. The application can be filed online with the Patent Office so thatyou quickly know that the application has been received by the United States Patent Office.However, before an application is filed, it is recommended that a patent search be performed tosee if the invention is patentable. The United States Patent Office has electronic versions of thepatent online going back to 1976. This permits searches to be performed by using key words.Google patents is also an alternative. For really important products or infringement litigation,companies may also consider doing searches in the European Patent Office and or JapanesePatent Office.

A recent development is the availability of patents going back to 1976 on thePatent Office’s website, www.uspto.gov. If you use the Patent Office website instead ofperforming a manual search, bear in mind that there may be prior patents that issued before theearliest available date of the patents on the website that could render the invention unpatentable.

In addition, no matter which type of search is performed, there may still be prior art that will notbe uncovered by the search. For example, because patent applications pending in the UnitedStates Patent Office are kept secret by the Patent Office until 18 months after the filing date, it isalways possible there is a patent application on a similar invention that you may not be aware ofwhen the patent search is performed. In addition, there may be prior publications that couldpreclude the issuance of a patent. Prior publications describing the invention are not usuallysearched unless it is specifically requested and these searches can significantly increase the costof the search.
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