Patent Attorney Directed Search
Going through a lawyer to search patents will cost the least amount of time and the most money. Patent attorneys employ professional researchers. You hire the attorney, and the attorney gets someone to conduct the search. Then the attorney adds a mark-up to the search bill, sometimes as much as several hundred percent. Many lawyers cloak this in the term handling fee. To save this extra expense, some inventors hire their own researcher or do the search themselves. Most patent attorneys don't render an opinion based on a search conducted by anyone other than their own searcher. However, you can tell a lawyer that if they won't accept the work of your search firm, or searches done by yourself, you will go elsewhere where such work would be acceptable. If you're paying the bills, and you're willing to take the risk, the lawyer shouldn't have a problem. Now, if the search results show no prior art in my field of invention, you don't need an attorney to tell me the coast is clear. Conversely, if a search reveals prior art that's spot on your invention, you don't need an attorney to tell me my idea has been done before. You might, on the other hand, hire an attorney to help end-run an existing patent through the use of language in the application. If you hire a lawyer, get a quote in advance. The fee will be based on how all-encompassing you want the search to be.The Do-It-Yourself Patent Search
If you decide to do the patent search yourself, you have several search methods available: The USPTO (United States Patent Trade Office) Public Search Facility. The USPTO operates a Patent Public Search Facility located in Alexandria, Virginia. Here every U.S. patent granted since 1790 may be searched and examined. Many inventors like to make at least one pilgrimage to the Patent Public Search Facility. It's located fewer than 15 minutes from National Airport by taxi; Metro Rail serves it off the Blue and Yellow lines, King Street Station; and several hotels are within walking distance, so it's easy to get to and around.What is prior art?
Prior art is all information that has been disclosed to the public in any form about an invention before a given date. Prior art includes things like any patents related to your invention, any published articles about your invention, and any public demonstrations. prior art is "the total body of knowledge, which teaches or otherwise relates directly to an invention. This is the primary criteria in determining the patentability of a new invention. Establishes novelty and unobviousness of the art that relates to the invention in question. Prior art references include documentary sources such as patents and publications from anywhere in the world, and nondocumentary sources such as things known or used publicly."Turning an Invention Idea into Money - How Do I Conduct a Patent Search for Prior Art?
A patent search is part of your search for prior art (no, not paintings.) Prior art is any body of knowledge that relates to your invention. Prior art would include previous patents, trade journal articles, publications (including data books and catalogs), public discussions, trade shows, or public use or sales anywhere in the world. As discussed previously, the search for prior art helps prove the novel and nonobvious legal conditions that are required for a patent to be granted.The Patent Classification System
Patents are organized by class and subclass of invention , similar to the way books are organized in a library). By using the classification system , you can find and examine patents that are in the same field (class) as your idea. The tutorial How to Conduct a Patent Search will introduce you to this form of searching, however, this is difficult material to master.