Do your own patent search

By: ANDREW SCHROEDER
Submitted: 2009-08-31 17:53:33
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On average, the typical patent search will cost between $800-$1,200 and up.  The reason for the high fees is that the patent attorney will have to source the searching to a firm nearby Arlington Virginia, nearby the United States Patent and Trademark Office (USPTO).  This hand-searching leads to fees which are unnecessary.  Due to the advent of the USPTO patent online database and Google Patents, inventors can now do their own patent searches free.

The first step is to go on Google Patents (www.google.com/patents).  Simply type in terms related to your invention.  Start out with the broad concept, and then integrate individual elements or components of your invention into the search query.  If you happen to know the patent number, inventor name, corporation name of a competing product, you can enter those in as well.  The reason many patent attorneys like Google Patents is the ability to quickly download full pdf's of the complete patents.  This also includes the drawings as well.  Sometimes, getting the drawings and printing them out on the USPTO Patent database website can be complicated and confusing.

After you are done there, you should also go to the USPTO Patent Search Database (patft.uspto.gov/).   First, you should go ahead and start off with the issued patents from the 1790 date to the present date.  Enter all the search terms that come to mind.  It would be a good idea to start your search off with the title.  After you do a title search, try the abstract.  After the abstract search, try the specification, or description.  And then go to the claims.  Also, if you have other relevant or pertinent information, go ahead and search those as well.

After you have concluded your search of the issued patents section, you should try the published patent applications section.  This section contains published patent applications that are still pending and have not been approved yet.  Once approved they will find their way into the other portal, the issued patents section.  Now, you need to be advised that in the published applications section, the USPTO does NOT show pending patent applications of the past 18 months.  Therefore, this is a blind spot.  Also, there may be other pending applications under secrecy because patent applications can request non-publication.

Upon the completion of the above steps, you should also augment your search efforts by doing a regular Google search.  Also you should search through your product catalogs that may be similar to your product.  Trade journals, newspapers, browsing through the aisles, of Home Depot should help further increase your understanding of the prior art available.

Keep in mind that you may need an attorney's advice to compare your results with the invention.  There may be issues related to the Doctrine of Equivalents, contributory infringement, obviousness, etc. which can further complicate patentability or infringement issues.  However, on balance, your search should drastically cut down on costs and help quicken the search process.  For more information, and a video tutorial, you can go to the Los Angeles Patent Lawyer site.  Los Angeles Business Attorney

Andrew Y. Schroeder, Esq. is a licensed Patent Attorney in Los Angeles, California. patent attorney los angeles trademark lawyer

Article source: Expert Articles

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