Patent Search Tips – The First Step
It is no great secret that many inventors become overwhelmed and discouraged before they even begin the process of applying for a patent and inevitably do not pursue IP protection for their idea. This in large part due to a general sense of confusion and helplessness which can often be remedied during a consultation with a competent patent attorney. As we shall soon discover, the first step all inventors must take before applying for a patent is conducting a patent search. Here are a few answers to some of the more common questions we receive about patent searches.
Why A Patent Search?
It does not matter if someone had your exact same idea before you — what counts is whether or not they patented it first. It is critical to do a patent search before completing your patent application to ensure that yours is the first product or design to be patented. Otherwise, you waste time and quite a bit of money attempting to gain a patent that already belongs to someone else.
Can Just Anyone Do A Patent Search?
Yes, for the initial searches. Anyone with even moderate experience in searching online, or in digging through government and other databases can do an initial patent search. This will give you a general idea if your invention has already been patented. When it is time for the more in-depth patent searches that need to be done before a filing, however, it’s a good idea to rely on professional patent attorneys or researchers.
What If My Invention Isn’t On The Market?
When it comes to patents, you can’t simply rely on the fact that you don’t see your invention being sold or marketed on TV or in stores. There still may be a patent on the product, even if it’s not in production yet.
What’s A Patent Opinion?
A patent opinion is typically a one page assessment of your invention, the initial search results, and the likelihood of obtaining patent protection for your particular product. In general, it gives the inventor an idea of where things stand and what may be the best way to go from that particular point.
A Patentability Assessment?
A patentability assessment, while similar to an opinion, is an extensive, in-depth review of the idea in its entirety. This detailed assessment usually runs four to seven pages and covers a wide area, giving the inventor a full and robust idea of where things stand. Assessments and opinions are typically created by experienced patent lawyers and intellectual property attorneys.
Contact your Patent Attorney to learn more.
