The Power of Patent Searches

Patent searches are a crucial step in the innovation process, offering numerous benefits to inventors, businesses, and researchers. A patent search is a search of previously issued patents and published patent applications for inventions that might be relevant when applying for a patent.  Typically, a patent searcher looks for patent which may include the part of the invention which is identified as being important, the part which is thought to be, patentable, new and non-obvious.  A patent search is not a patent opinion and it is less expensive.

Some of the Benefits conducting a Patent Seach provides:

• Validate Novelty: Determine if your invention is truly new and unique. This helps avoid wasting time and resources on ideas that may not be patentable.
• Gain Competitive Insights: Explore the technological landscape and understand what your competitors are working on. This information can guide your research and development efforts.
• Accelerate Innovation: Reduce redundant research by learning from existing solutions. This can speed up your time to market and improve your return on investment.
• Mitigate Legal Risks: Identify potential infringement issues early on, allowing you to design around existing patents or seek necessary licenses.

You can preform a patent search yourself or hire an attorney or law firm to conduct a search.  Many patent databases are publicly available, including the United States, which can be searched for free.  However, in some cases, it is helpful to have an experienced patent attorney do the research or review the research.  A professional patent search can help determine the chances of success you may have if you decide to file for a patent.  In addition, the patent search may also help determine if the invention meets some of the basic patent requirements for a patent, namely that the invention is new and non-obvious.

Why Hire an Attorney for Patent Searches

While free patent search tools are available, hiring a patent attorney to conduct your search offers significant advantages:

• Expertise and Experience: Patent attorneys possess in-depth knowledge of patent law and search techniques, ensuring a comprehensive and accurate search.
• Nuanced Analysis: Attorneys can interpret search results in the context of patent law, providing valuable insights on patentability and potential infringement issues.
• Time and Cost Efficiency: While hiring an attorney may seem expensive initially, it can save you money in the long run by avoiding costly mistakes and improving your chances of patent success.
• Tailored Strategies: Attorneys can develop search strategies specific to your invention and industry, uncovering relevant prior art that might be missed by general searches.
• Confidentiality: Working with an attorney provides attorney-client privilege, protecting your invention details during the search process.

Maximizing Your Patent Search

In order to conduct a search, a patent attorney may need a concise description of the invention, various alternative embodiments, the invention’s perceived novelty and its functionality.    A large portion of this information may be obtained through the use of an invention disclosure document.  After the patent attorney conducts a search of relevant patent records within the Patent Office, we can prepare a patent search report highlighting the results of the patent search.

Unless specifically requested, foreign patents, periodicals and textbooks are typically not searched for the Patent Search Report since they are not typically classified or as accessible as the United States Patents. As a result of the patentability search report, the inventor should have a better understanding of the potentially patentable aspects of the invention and be able to identify alternative embodiments of the invention. Although a patentability search and report is similar to an infringement opinion analysis, the scope is different and the results of a patentability report should not be considered as responsive to the issue of infringement because infringement and patentability are two separate issues.

By investing in a professional patent search conducted by an experienced patent attorney, you’re not just looking for prior art – you’re laying the foundation for a strong intellectual property strategy that can drive your innovation forward and protect your valuable ideas. If you would like to schedule a consultation with a patent attorney, please schedule a meeting with one of our attorneys by calling our offices.