If your idea has ever been patented before, you will not eligible for a patent. While hiring a professional is recommended an inventor should do a preliminary search themselves and if capable a complete search.
Difficulty Level: Hard Time Required: NA
Here's How:
- You can do a patent search online. The U.S. Patent and Trademark Office (patents from January 1, 1976 and forward) and IBM (patents from 1971 and forward) both provide free online databases.
- You can searching using keywords or phrases that describes your invention. Look for common terms describing the invention and its function, effect, end-product, structure, and use.
- The results will list the front page of patents related to your keywords. Which would give you the title of the invention and an abstract (a one-paragraph description of the invention).
- If your invention is something that might have been patented before 1971 or is timeless, you will not be able to do a complete search online.
- You then need to go to one of the national Patent and Trademark Depository Libraries (PTDLs). Reference librarians will be available who can guide you through the patent search process.
- In conducting a patent search at a PTDL, you will need to take the next steps.
- US Patent Classification (paper, CD-ROM) Begin with this alphabetical subject index to the Manual of Classification. Search for your keywords. Note class and subclass numbers.
- Locate those numbers in the Manual of Classification. Note where the terms fall within the US Patent Classification System. Scan the entire class schedule, paying attention to the dot indent. Revise search strategy as needed.
- Classification Definitions (microfiche, CD-ROM, USPTO web) - Read the definitions to establish the scope of class(es) and subclass(Es) relevant to the search. The definitions include important search notes and suggestions for further search.
- Patents BIB (CD-ROM, WEST, USPTO web) - Check if you are on the right path; search Patents BIB (1969 - ) or WEST (1971- ) or USPTO web (1976 - ) for a particular class/subclass; retrieve results and examine titles.
- Try other relevant classes/subclasses. Revise your search by using applicable keywords; note the classes and subclasses and go back to 8.
- Patents CLASS (CD-ROM or WEST) - Once relevant class(Es)/subclass(Es) are identified, obtain a list of all patent numbers (1790-present) granted for every class and subclass to be searched.
- Official Gazette - Patent Section (paper or microform) Go to the Gazette and look for exemplary claim(s) and a representative drawing for all patents on the list(s) to eliminate patents unrelated to the invention.
- Complete Patent Document (microfilm, paper, CD-ROM, WEST, or USPTO web; years of coverage vary) Search the complete text and drawing(s) of closely related patents to determine how different they are from the invention.
- Use a patent attorney, agent or independent research company when quality becomes more important. Keep your results and compare them to the professional search.
- Professional searches can come with a formal written opinion or simply be copies of the prior art found in the search. Ask how the search will be done, what databases will be used.
- Sign a non-disclosure agreement before hiring a professional. Watch out for invention scams .
