What is a patent search?
A patent search is a search of the prior art, namely, that which is known and already invented. The determination of whether to file a patent application often depends on the outcome of a patent search. A patent search is usually important because it can not only save an applicant the expense of filing a patent application on subject matter already patented or within the public domain, but also afford an applicant an opportunity to invent over the subject matter discovered from the search. A patent search can also make an applicant aware of potential infringement issues. A patent search is a search of all previous public disclosures (prior art) including, but not limited to, previously published disclosures and patented inventions anywhere throughout the world. Although a patent search of the prior art before filing an application for patent is not required, it is advisable to do so. A registered patent attorney or agent is a useful resource for performance of a patentability search. A
In order to obtain a patent, an application must be filed with the United States Patent and Trademark Office. However, before an application is filed, it is recommended that a patent search be performed to see if the invention is patentable. The United States Patent & Trademark Office makes its patents available on its website, www.uspto.gov. It is easier to search for patents that issued since 1976 on the Patent Office’s website. If you have a search done there may still be prior art that will not be uncovered by the search. For example, because many patent applications pending in the Patent Office are kept secret by the Patent Office, until the patent issues it is always possible there is a patent application on a similar invention that you may not be aware of when the patent search is performed. In addition, there may be prior publications that could preclude the issuance of a patent. Prior publications describing the invention are not usually searched unless it is specifically requ
