- Introduction
Many inventors conduct a preliminary patent search prior to enlisting a patent agent or patent attorney to file a patent. This search is usually solely conducted to determine uniqueness. If they find no patents exactly like their invention they are happy and continue on their merry way. This is a very poor approach. We encourage examining patents closely to find additional possible product features, identify other potential uses for products, identify companies recently receiving patents in the area (potential licensees), closely study the background sections and any data presented in the background sections and any data presented in the patents. You can learn a great deal from those who have gone before.
This page contains a few links to non-U.S. patent information, however all the comments only apply to searching U.S. Patents.
This page does NOT address these questions; "How can I protect my idea?, Is my invention patentable?, Should I seek patent protection?, What kind of patent protection should I seek?, When should I patent my invention?, How much does a patent cost?, How do I license an invention?, Which web site is best to use when searching patents? Does my invention infringe on someone else's patent(s)?, Should I get more than one patent?, Should I file foreign patents? How can I avoid being caught in an invention scam? These questions are best left to patent attorneys, patent agents, licensing professionals and reputable inventor organizations. DO NOT ask us these questions !!! In Oklahoma, the Oklahoma Inventors Congress and the Oklahoma Inventors Assistance Service at OSU are excellent resources. The United Inventors Association and National Inventor Fraud Center are good national resources. Inventors Digest magazine an excellent source in its own right, provides an online list of inventors groups around the country where you can obtain meet other inventors and often receive assistance with your problems.
- General U.S.Patent Information
- We suggest you visit your local Patent & Trademark Depository Library if at all possible. In our area (Oklahoma), it is the Oklahoma State University Patent & Trademark Library on the 5th Floor of the OSU Library. Patent & Trademark Depository Libraries can answer many of your questions, expose you to the local resources and teach you how to use their patent search system. Many require appointments, call ahead and make one if necessary.
- The USPTO (U.S. Patent & Trademark Office) Independent Inventor Resources site provides a nice introduction to patents.
- Most free U.S. online patent data bases cover patents issued during the last 20-25 years. If the device is based on older technologies you need to use one of the fee based databases or one of the Patent & Trademark Depository Libraries.
- Why Conduct a Patent Search?
- Patent searches are conducted for many purposes. Among them are to:
- Determine if a particular invention is unique
- Identify potential features for new product
- Identify other possible uses for a new product
- Determine independent inventors or companies currently or historically obtaining patents in a particular area
- Find the patent(s) for a particular invention
- Determine the state of the art in a particular area
- Identify patents in a specific field for generating citation maps (a tool in determining the relative importance/value of a specific invention
- Study the rate of innovation in a particular area
- Determine the patent portfolio of a specific company
- Determine if an invention infringes upon the intellectual property rights of others
- Learn about an industry or a specific company
- Search for potential solutions to design or safety problems
- Identify potential licensees
- To identify additional reference materials (journal articles, books, product literature) of use to those working in this area. Patents often list printed reference materials.
- Identify inventors working in a certain field.
- Patent Search Databases
The primary free access to U.S. Patent Databases are the:
- USPTO web site (U.S. Patent & Trademark Office)
- esp European site allows U.S. searching
The USPTO site requires a tiff viewer to view the images.
Note Google Patent Search searches the USPTO database and can search
full text of the older patents (that cannot be done from the USPTO site)
- Patent Search Procedure
We normally search to determine uniqueness, identify potential additional features for the product, identify additional potential uses for a product, or to identify potential solutions for a design or safety problem. After trial and error, we have settled into the procedure below. It will meet the needs of most patent searchers.
Whether you search online (in any site), on a CD-ROM database or in person at a Depository Library or at the U.S. Patent Office itself, the same procedure is followed. Below is a very brief description of our U.S. patent search procedure.
Each site/database has its own version(s) of the tools, different means for accessing images, stores patents back to different dates, stores different degrees of patent information (bibliography only, abstracts, full text, images in different formats or not at all), some due not update class/subclass changes, all have different search tools for searching for multiple words, by class/subclass, inventor, assignee, patent number, etc. The sites sometimes down or very slow. We usually find it faster to use them in the middle of the night. Most well known patent databases are continually changing and changing their interfaces. You just need to (1) Remember the procedure (2) Find the tools needed to conduct the procedure, (3) Make sure the database meets your needs, (4) Follow the procedure.
The links to the tools below refer to the U.S. Patent & Trademark site. The same tools can be found on most major patent search sites or found on independent sites and then applied on the major sites. Make sure you are using current tools, they are continuously being updated.
- The Steps
- We usually "shoot from the hip" to start with by searching for any specific patents we may be aware of in this area, patents of companies we know work in this field, patents invented by inventors we know in this field, etc. Then, we settle down in to the procedure below.
- We try a few relevant words in the word search engine and see what turns up. If we turned up any patents in the "shoot from the hip" step above, we examine them for possible search words. We record the search words on a page in a project notebook and add other words as they come to mind or we encounter them in other patents. Usually the word list becomes separated into groups of words covering different aspects of the invention.
- Access the Classification Index. In paper it is about the size of a small town phone book. Look up your topic and you will find a class number. The area you are interested in may have several class numbers (for example marine propulsion and propellers (impellers) are in two different classes).
- Access the Manual of Classification (in paper it is a large 3 volume set of ring binders). Turn to or click to the class you are interested in and identify the specific subclass's best relating to your topic. You may need some assistance in understanding the hierarchial listing of subclasses. Many are subclasses of subclasses.
- Access the Classification Definitions. It used to be on microfiche, but now you can access it online. Look up the specific class and subclass under study. Make sure you are really hunting for items resembling the definition of this class/subclass. Often additional hints are given for other places to look, including classes no longer existing.
- Keep cycling through the three tools (Classification Index, Manual of Classification and Classification Definitions) until you identify the appropriate classes and subclasses.
- Search the database to identify patents in the classes/subclasses identified.
- Examine the ABSTRACT & IMAGE of these patents to identify those resembling your device. Make copies of the drawings, abstract and description of patents closely resembling your invention and of inventions serving the same purpose.
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Note: It is not convenient to rapidly view the abstract and image of patents using the online free access patent databases, but this needs to be done. Just reviewing the titles is NOT sufficient.
- After completing Steps 1 to 7, examine the patents for:
- Companies frequently appearing as assignees (patents assigned to them). Search for other patents assigned to these companies in an attempt to identify more patents in the area of interest.
- Inventors frequently appearing on the patents (both independents and those working for companies). Search for other patents listing these individuals as inventors in an attempt to identify more patents in the area of interest.
- Look for words and combinations of words in the patents of interest. Sort the words into groups. Some will describe one aspect of the invention and some will describe another. Record the search words on the list started earlier. Search for other patents containing these words in an attempt to identify more patents in the area of interest. Be aware of what portion of the patent you are searching (some search abstract only, front page only, full texts).
- Examine the patents cited as reference by the patents of interest to see if some of them are of interest as well.
- Examine the class and subclass info of the patents of interest in an attempt to identify other classes and subclasses that may contain patents of interest. Search these new classes/subclasses for additional patents of interest.
- Keep cycling through steps 1 to 8 over and over until no more patents of interest are identified.
- Patent searching is a process not an event!!
We encourage conducting a very brief patent search when an idea is conceived. As the idea becomes more defined, conduct more in-depth patent searches. You invest time and/or money in patent searches just like you invest time and/or money in other aspects of new product development. You invest a little in each aspect as the project develops. Projects gradually become more developed in all areas, including intellectual property rights. Before investing more than a few hundred dollars in an idea, we suggest conducting an in-depth patent search, especially if you plan on licensing the idea. You can do them yourself and you will learn a great deal about the area of your invention. You will probably need to conduct additional patent searches as the invention progresses and time passes (new patents being issued).
- Learning From the Patents Found
- Are there features of the products in the patents you can include in your product?
- Are there any additional potential applications for your product mentioned in the patents?
- Do they contain any design or test data?
- Do they list any reference materials? (books, articles, etc)
- Were any of the patents assigned to the U.S. government? They often contain significant design and test information.
- Are any companies patenting products in this area potential licensees for your product?
- How does your product compare to the products found during the patent search? (and to those found below in the market and emerging technology searches) Why would someone purchase yours instead of theirs? Why would someone purchase theirs instead of yours? Construct a matrix to compare the products based on features. Which products have which features?
- Does one company or a small group of firms lead the industry in patents in this area? or especially in the more significant patents?
- Does one person or a small group of individuals lead the industry in patents in this area? or especially in the more significant patents?
- Is the number of patents being granted each year in the industry increasing, decreasing, or remaining the same?
- Are there a few very significant patents in the industry (such as drug patents).? When do these key patents expire? How might the industry change when they expire? Do licensing agreements currently allow others to make the product? What are the terms (lengths) of those agreements?
- Look at the patents cited by the patents of most interest to you. Is one patent cited as a reference by most of them? Be sure to examine it closely.
- Examine Products
- If you find a patent for a product currently in production, find the product or literature about the product. Review the product using our How Learn More About a Company by Examining its Products site.
- Significant patents will be pointed out in the marketing literature describing the features of the product. If one company's product has a very important feature and no one else's product does, they have a competitive advantage. This competitive advantage may be due to intellectual property.
- Search the Marketplace
If you are trying to prove uniqueness, do not stop with just a patent search. Search the marketplace for the product. It may already be on the shelves.
- Check stores that might carry the product
- Check catalogs that might carry the product
- Use the Internet search engines to search for the product.
Don't Forget the Historical Marketplace. It could have been for sale long ago.
- Yesterland info on old toys, fashions, shows, all kinds of stuff!
- Search Inventions and Patents for Sale
Several online sites offer inventions and patents for sale, as well as just collections of ideas. Make sure your idea is not listed there. There are many more of these sites. A quick review of these may indicate you are in an area crowded by independent inventors with somewhat similar concepts.
- Search Design Studios & Sr. Design Classes
Several sites host designs often focused on highly stylized new products. These are often submitted by student
at design schools or those showing off their CAD skills. Among these sites are:
- Open Folio thousands of student designs (mostly of Euopean origin)
- Many Universities had Senior Design classes often called capstone classes in which the design new products.
Many can be searched by adding some words to your invention. For example if I invented a new tape measure or some
improvement to a tape measure, I could use Google to search for "tape measure" and "senior design", "design class",
"capstone", "project class", etc. Some of these projects post a tremendous amount of useful information.
- Search Emerging Technologies
If the invention is more of a "technology" than a product (more of an R&D based discovery that is not yet developed into marketable products, like lasers and GPS were many years ago before they were reduced to practical applications), check these sites:
- Check technologies for sale sites.
- Check Universities, Federal Labs and the military.
- The Information Technology field is well known for posting many "white papers". Several other fields also post them. You may need to use a search engine to find a repository of white papers in your area of interest. Some popular IT white paper databases are below.
- Association of University Technology Managers is an organization of University Technology Transfer professionals.
- Check Recent SBIR Awards (Small Business Innovative Research)
- Miscellaneous Patent Links
The links below represent some free and fee based information sites for both U.S. and non-U.S. patents.
- U.S. Patent & Trademark Office
- PAIR allows you to see US Patent Office processing information on patents and applications - can be very helpful. With more recent patents it lets you see a lot of materials in the "file wrapper" (materials previously unpublished that were sent back and forth between the examiner and the patentee that were previously only available for a substantial fee).
- FreePatentsOnline some nice search tools for U.S. patents
- esp access to European patents by country, EP, Japanese, and World Patents
- PCT Patent Database WIPO (World Intellectual Property Organization)
- WIPO World Intellectual Property Organization - includes the IPC (International Patent Classification)
manual (classification numbers that are uses similar to U.S. patent classification numbers. They can be very helpful in finding related international patents.)
- Micropatent offers fee based searching of U.S. and world Patents on the Internet.
- Delphion the old IBM patent site, now fee based
- Derwent International Patent System search international patents for a fee
- Dialog fee based access to Derwent and other patent databases
- Intellectual Property Links very extensive set of international links for those wishing to research a specific country
- German Patent Office
allows searching several countries in English
