There are a variety of circumstances that should be considered when examining the benefits of a Design Patent Search and it would be useful to discuss several of them in order to appreciate why this tool is so very powerful. Primarily, an inventor who seeks to gain a design patent on a new invention must ascertain whether or not his/her idea is in fact “new.” A Design Patent Search consists of a robust and comprehensive search of patents and patent applications that have already been filed and issued by the USPTO and allows the researcher to determine if the new invention infringes on a patent already in existence.
This is highly useful in a number of ways. If the design is too similar to a design already issued by the USPTO, the patent examiner will simply not allow a new patent to be issued (on the new invention) essentially halting the process from the get go. Secondly, and equally important, the inventor’s idea may not be exactly like the patent issued but might be close enough in design for the owner of the issued patent to file an injunction. This injunction will effectively stop the new inventor from making, selling, or using his idea that is covered and encompassed by the original patent. Remember, a design patent is a license to sue. The new inventor wants to avoid this unfortunate possibility as much as possible.
Finally, a patent search revealing existing and similar patents can rouse innovations and facilitate the inventor’s creative faculties. Indeed, looking at the preexisting patents may in fact allow the new inventor to identify the “missing piece” from the original idea and institute it in the new one. Thus, if the basic idea is already in existence, it is easier for the inventor to modify his idea and discover what aspects of the inventor’s idea distinguishes his invention from what already exists. This will facilitate the production of an idea that is more finely tuned and adapted for success in the marketplace.
Of course, just because an idea has been patented by the USPTO, doesn’t mean it is necessarily going to be successful and lucrative. A company may look at the competition’s issued patents and identify where their efforts are succeeding or failing. Simply, the patent search allows the inventor to see which design patents have actually come to fruition. If the inventor is in the developmental stages of an idea and finds through a search a (highly similar) patented idea that has already been issued and yet is unsuccessful, the inventor can responsibly stop the progression and waste of his resources.
Ultimately, it is this highly valuable tool of forewarning that the Design Patent Search can provide. It gives direction to the inventor and allows for better planning and adaptation of the new idea. It truly is an indispensible tool in the Inventor’s arsenal.
