Why do I need to do a patent search?

A patent search is a very important step in the patent application filing process in the United States. A patent search is not just a marketing survey to see if there is a product like your invention already being sold. A patent search is an in depth search of the state of the art of the field of your invention to discover prior art. Prior art is any evidence that your invention is already known. It is best to have a patent search done by a professional because they will be familiar with the best search practices to discover prior art.

When you file your patent application in the United States the patent examiner will also perform a patent search for prior art. If the patent examiner finds prior art that is very similar to your invention, your patent application will likely be rejected. If you have a patent search done before you file your patent application in the United States you can explain, in your patent application, how your invention is different than the prior art. If you can demonstrate to the patent examiner how your invention is different than the prior art that will help get your United States patent application granted.