About patent searches

Before filing an application for a patent, it is highly advisable to conduct a patent search. A patent will be granted only if the invention is novel (new). A patent search will identify existing inventions that may block your patent application. The results on a patent search can also be used in writing your patent application. A basic patent search includes patents and published patent applications in the United States. A more extensive patent search includes patents and patent applications in Europe and Japan, as well as published patent applications through the Patent Cooperation Treaty (PCT). Patent professionals, such as registered patent agents and patent attorneys, have access to databases worldwide for searching patents and patent applications. Free patent searches are not very valuable as described below.

We recommend conducting a brief patent search on your own through the USPTO website. This can give you an indication if there are many inventions in your field. You can still obtain a patent if there are patents similar to your invention, however it is difficult to obtain a patent if there are identical patents to your invention. It is highly recommended to search patents worldwide, as any published patent or patent application in the world could potentially be used to block your patent application.

A reputable law firm, as opposed to a low-cost online shop, has access to databases that include patents and patent applications from the United States, Japan, Europe, and the PCT. A patent search will include copies of any important patents and patent application, which can now be provided in either electronic or print format. Other sites may advertise that they can conduct patent searches faster than one week, however we feel that if it is important conducting a patent search, it should not be rushed.

A reasonably priced law firm charges around $1000 to conduct a basic patent search. Usually such a search includes providing you with a brief analysis and discussion with a patent attorney, and electronic copies of the pertinent patents discovered during the patent search. More extensive patent searches and analysis are available- such as specific technology in various countries around the world. The rate for these advanced searches and analysis vary depending on the technology and other factors.

While a patent application can be filed without conducting a patent search, it is important to discover potential similar patents before filing a patent application. Possible problems can be avoided by reviewing similar patents and patent applications.

About free patent searches

Some groups advertise that they perform free patent searches. While this might be attractive, it is not advisable to sign up for a free, or low cost, patent search. It is questionable who will conduct a free patent search, and a free patent search likely will not be reviewed by an attorney. A group performing a free patent search has to earn money sometime, so it is likely that they will overcharge you for future services. We recommend using a patent searching service (best through a law firm) that is up-front with their fees, and not take advantage of you in the future.

InventionPatent.Net- An intellectual property information resource for patents, trademarks, and copyrights, written and edited by Owen Smigelski, Esq.

As in-house counsel, I cannot provide legal advice or information to individual clients.
I recommend consulting with:
Raymond Wagenknecht
Biotech Beach Law Group PC
Toll Free: 886-875-9562
Tel: 619-238-1179
www.biotechbeachlaw.com