Patent Searching 101: A Patent Search Tutorial
Inventors and entrepreneurs who are looking to cut costs frequently want to do their own search. This is a wise first move, but you really need to be careful. It is quite common for inventors to search and find nothing even when there are things that could and would be found by a professional searcher. So while it makes sense to do your own search first, be careful relying on your own search to justify spending the thousands of dollars you will need to spend to ultimately obtain a patent. In other words, nothing in this article should be interpreted as me suggesting that inventors can or should forgo a professional patent search. There is simply no comparison between an inventor done patent search and a patent search done by a pro. Having said that, every inventor should spend time searching and looking if for no other reason than to familiarize themselves with the prior art. Of course, if you can find something that is too close on your own you save time and money and can move on to whatever invention/project is next. Another thing you MUST know about when you use Google Patent Search is that there are also some holes in the database. I have specifically looked for patents I know to exist and cannot always find them. I have heard the same experience from other patent attorneys and agents. Additionally, the most recent patents are not available on Google. What this means is you cannot only rely on Google, but you still must use Google. The Google database covers patents that are issued all the way back to US Patent No. 1. This scope is much broader than either Free Patents or the USPTO . So while you might not find everything, while it is difficult to specifically narrow your search, you still really need to check yourself using the Google database to see if there are old references that might be on point. In this case there are not many to choose from. Many times, however, the list will contain hundreds or even thousands of patents depending upon the popularity of the term or phrase selected. For example, if you search "SPEC/thermos", you will find hundreds of patents that use this word in the specification. In fact, at the time this sample search was conducted (March 16, 2012) no fewer than 970 US patents have the word "thermos" in the specification, and that is only for patents issued since 1976. So what should you do now? If you find too many patents, rework the specification field search. For example, if your search were "SPEC/thermos and SPEC/beverage" you get down to 200 US patents. Ultimately, upon receiving manageable results, just click on several of the patents. The key, however, is to start off broad and then narrow your way down to those that are the most likely relevant references. Also remember that it is critically important to figure out what things are called. I cannot stress this enough. You need to use different names and labels. You will find that patent attorneys typically call certain features by a select few names. These names are not always obvious, but once you figure out what the industry calls something you are far more likely to find relevant patents.How Much Does It Cost For a Patent?
The U.S. Patent and Trademark Office (USPTO) establishes fees for patenting unique, non-obvious inventions. Because there are different types of patents, these fees vary, depending on those due at the time of the initial application and during the maintenance intervals required during a patent's 20-year life. A filing fee, search fee and examination fee are due with an initial application. Patent applications with more than 3 claims are subject to additional charges. It is important to note that fee structures are not static. The below represent the USPTO 2009 fee schedule and apply to patents filed on or after December 8, 2004. Initial Filing Fee - The initial filing fee for a utility patient is $330. Initial filing fees for design and plant patents are $220. Patent Search Fees - The search fee is $540 for a utility patent; $100 for a design patent; and $330 for a plant patent. Patent Examination Fees - The examination fee is $220 for a utility patent; $140 for a design patent; and $170 for a plant patent. Patent Maintenance Fees - The maintenance fee for patents is $980 at the 3.5-year interval; $2,480 at the 7.5-year interval; and $4,110 at the 11.5-year interval. Other Applicable Fees - Other fees may be necessary during the prosecution of a patent and the patent's 20-year term. These may include extension of time fees, post-issuance fees, financial service (administrative) fees and trademark processing fees. Additional fees will be incurred if a patent application needs to be appealed. Fees for Additional Claims - If a patent application contains more than 3 claims, an additional $220 is charged (per claim). The cost of more than 10 claims is $52 per claim.Patentability Search
If you do a quick search and don't find your idea the next step is to get a professional patent search. Why? Because a professional patent searcher will find the patents that you cannot. If you are an inventor that is interested in making money from your idea you want to know what other people have patented. Almost always it is money well spent. If a professional search turns up patents that are similar to your idea, you can make an informed decision whether you move forward with the idea or not. If nothing turns up in a professional search it can energize you to finish evaluating and developing your idea. Now could be a good time to get a patent. Check out how to patent an invention. Both outcomes are equally important and you should celebrate either one. When you find your great idea has already been patented you can pat yourself on the back for saving thousands of dollars and lots of hours of your time. If your idea turns out to be original and you decide to pursue it, get to work. Inventors really can make a lot of money with an original product idea.The 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.How To Conduct a Patent Search
you can do a patent search online. The U.S. Patent and Trademark Office (1790 - Present) and Delphion (1974 - Present) 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 title and number of all patents related to your keywords (l976 forward only). The title link will take you to the full text of the patent. You will not be able to do a complete search online for a pre-1976 patent unless you know the exact patent number. With online patent be sure to examine other referenced patents that the inventor has listed.