Conduct a Thorough Patent Search
You must conduct a search to see if there is an existing patent or applications that constitute “prior art” to your idea. Searching patents is a complex and detailed process. Many patent writers only conduct a US patent search on Google or USPTO databases because it is easier and less time consuming.
However, there are additional search parameters that can be used. These include U.S. and international classification systems that search specialized proprietary databases, including World Intellectual Property, Japanese Patent Abstracts, European Patent Office and specialized scientific journals and papers when technology warrants.
Your objective is to establish that your idea is novel and not obvious. It may be difficult or impossible to patent your invention if prior to your application:
- It was known or used by others in the U.S.
- It was previously patented in the U.S. or elsewhere.
- It was described in an article printed anywhere in the world.
- The idea was obvious based on publications, patents or uses.
It is possible to conduct your own search, although most novices aren’t aware of the nuances of thorough search practices and patent laws. If you’re going to select a patent lawyer to assist you, look for one whose search methodology is comprehensive. Not all searches are the same!
