How to Conduct a Patent Search
To get a basic understanding of patent searches read Searching For Students and in particular read Searching Using Key Words . It was written for students; however, if you can look past the cute language it will quickly get you reading and searching patents online within minutes. It will not be enough to do a diligent (complete) search for prior art by only using the Internet. For that you would need to understand the patent classification system and be prepared to do days or even weeks of research.The Three Different Types of Patents Issued By The USPTO
Utility patents may be granted to anyone who invents a useful process, a machine, an article of manufacture, or a composition of matter. Examples: fiber optics, computer hardware, or medications. Utility patent can be provisional or non-provisional. Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture. Examples: the look of an athletic shoe, a bicycle helmet, and the Star Wars characters. Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plants. Examples: Hybrid tea roses, Silver Queen corn, Better Boy tomatoesThe Main Reason Why
You have to do (or hire someone else to do) a patent search before investing in the cost of patenting . Even if you hire someone else to do the patent search for you and that is highly recommended for beginners - do a preliminary search yourself and bring that research to the intellectual property attorney or agent that you hire . Doing so will save you money, plus provide the other benefits mentioned above.The Joys of Conducting a Patent Search
A patent search involves searching different databases to see if your idea has already been patented, to know if you can patent your idea. The results of a good patent search should reveal any identical, similar, or partially similar inventions to the one you might patent. As a bonus, viewing and reading already issued patents will: help you to write your patent application, help you understand your competition, help you avoid patent infringement, help you learn more about your field of inventionWhat is reissue?
Patent law states "On taking up an application for examination or a patent in a reexamination proceeding, the examiner shall make a thorough study thereof and shall make a thorough investigation of the available prior art relating to the subject matter of the claimed invention." This means that prior art could disqualify your application for a patent.