Patent Searching for Inventors

If you are an individual inventor interested in patenting an invention, you may not be fully aware of the importance of having a professional patent search conducted prior to filing a patent application. The main reason for conducting a patent search prior to filing a patent application is simple: Obtaining a patent is expensive. You should not commit all the time and money that pursuing a patent requires without having a reasonable expectation of success. A patent search costs far, far less than obtaining a patent, so it is always wise to conduct a patent search first and then use the results of the patent search to decide if you wish to commit the resources necessary to obtain a patent.

How does a patent search help you make this decision? A review of existing patents (which can include US and foreign), patent applications, and non-patent literature (journals, trade publications, etc.), can give you a good idea of whether or not your invention is novel. Proving the novelty of your invention is far and away the most difficult part of obtaining a patent.

If you have an expert patent search done, and no patents are found that are similar to your invention, you probably stand a good chance of getting a patent. On the other hand, if a patent search locates previous inventions that are identical or extremely similar to your invention, you may decide not to pursue a patent at all, since it is likely that the USPTO would deny your request for a patent based on the fact that your invention is the same as, or just an obvious extension of, existing inventions.

Of course, when a patent search turns up very similar inventions, it can be disappointing. But, it is much better to know that up front rather than than spending ten thousand dollars or more in legal fees, and waiting two years for the USPTO to make a decision, only to then have your patent application denied.

Now that you understand the benefits of having a patent search done, you might ask yourself "Can't I do the patent search myself?" The answer is, yes, to a limited extent you could. U.S. Patent data is freely available to anyone who wishes to look through it. In fact, as a service to inventors and attorneys, we provide a US Patent Database Search on this web site.

But, patent searching is very complicated. You must be an expert on the subject matter so that you can evaluate other inventions that you may find and compare them to your own. And, you must know the nuances of the USPTO filing system (they do not always file things where you might expect). Also, you need to know quite a bit about patent drafting and patent law. Without this knowledge, it is impossible to determine the relevancy of other patents that you find during a search. And finally, most inventors do not have access to the proprietary data sources that we do. The databases upon which we rely when conducting a search are much more accurate and comprehensive that the USPTO's free data.

If you do not have the appropriate knowledge, experience, and data, trying to conduct your own patent search is a risky proposition. If you miss even a single patent relevant to your invention, you may think your invention is novel, when in fact it is not. If that happens, you may find yourself spending thousands and thousands of dollars in legal fees to secure a patent, only to have the USPTO deny your application. The knowledge and confidence that a patent search was done correctly and thoroughly is well worth the price of having your search done professionally.

Patent Complete provides the highest quality high-tech patent searches. If your invention is in the fields of biology or biotechnology, computer hardware or software, physics, electronics, microfabrication, optics, chemistry or chemical engineering, or any other high-tech field, Patent Complete is the firm to use. Feel free to contact us directly, or ask your attorney to contact us. We look forward to working with you.