When should I do a patent search?

In order to obtain a patent, an application must be filed with the United States Patent and Trademark Office. The application can be filed online with the Patent Office so that you 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 to see if the invention is patentable. The United States Patent Office has electronic versions of the patent 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 Japanese Patent Office.

A recent development is the availability of patents going back to 1976 on the Patent Office’s website, www.uspto.gov. If you use the Patent Office website instead of performing a manual search, bear in mind that there may be prior patents that issued before the earliest 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 not be uncovered by the search. For example, because patent applications pending in the United States Patent Office are kept secret by the Patent Office until 18 months after the filing date, it is always possible there is a patent application on a similar invention that you may not be aware of when the patent search is performed. In addition, there may be prior publications that could preclude the issuance of a patent. Prior publications describing the invention are not usually searched unless it is specifically requested and these searches can significantly increase the cost of the search.