How to do a Patent Search

How To Do A Patent Prior Art Search

How to do a patent search. The patenting prior art searching basics from a patent search firm. How to start and conduct a prior art or patent search.

A prior art or patent search is conducted to identify the prior art for an invention. The novel and non-obvious elements of a patentability study are determined for an invention based on its prior art. The prior art search is an essential first step on the steps to patent. Professional patent practitioner help is highly recommended to evaluate whether an invention is novel and non-obvious.

How to patent search comes down to basic research.

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How to do a patent search. A basic patent search (prior art search) is researching various data sources. It is determining if there is prior art that discloses your invention. Prior art includes existing patents, patent applications, and non-patent literature. It can be found anywhere around the world. Prior art is any existing documents that show or describe the invention. However, it can also be things that are similar. Anything that describes how to make and use an invention is prior art.

In other words, a prior art search is research looking to find a disclosure of your invention. This is important because a disclosed invention is no longer novel. A consequence of not being novel is that the invention is not patentable. Therefore, no patent will be allowed, or issued, if the invention is already disclosed.

Important Tip: An inventor has 12 months from the date of public disclosure of an invention to file a claim for a patent. In other words, a disclosed invention is its own prior art 12 months after it is disclosed to the public.

There are three basic elements of input for the search engines. To do a patent search, you will need the following three things:

  • A good description of the invention.
  • A list of keywords about the invention.
  • A classification for the invention.
Elements Of Patent Searching

Description

The place to start a patent search is with the description of the invention. A description of the invention that is just a simple sentence or two is the easiest to work with. A concise description is best. This is because what you will need for actually searching in databases is just the right few keywords and the right classification(s). When searching, look for any existing products and processes that are similar to the invention.

Keywords

When considering how to do a patent search, the description is used to develop a good set of keywords. Then, the keywords are the words that are used for database searching. The best keywords to use are those terms and phrases about the invention and its field of use that describe it most accurately and completely. When searching, a good concise description is simpler and easier to use than a long explanatory one. Further, the concise description likely already has most of the keywords needed to start and do a search. In addition, too many synonyms can become confusing.

Classification

The final piece of input for how to do a patent search is the classification search. You need to do a classification search. In other words, you need to search the various classifications that the invention is likely to be put in. The classification system to use is the CPC Scheme (CPC website). The CPC is the Cooperative Patent Classification system. The CPC (like all classification systems) categorizes inventions into classes. The idea, then, is that all the other inventions that are like an invention will be in the same class(es). Thus, searching the likely classes is essential to a good patent search.

Important TIP: If you don’t know or can’t find the class(es) for your invention, one easy place to start is the class(es) of similar patents found when searching. First, find similar prior art. Then, use that classification as a starting point for the new invention.

where to DO the searching

How To Search For Prior Art

How to Search for Prior Art to an Invention in 4 Steps

Approximate Time 5 hours

  1. Internet Keyword Search

    How To Internet Keyword Search

    The internet keyword search is the first step. Using the keywords and phrases that describe the features and functions of the invention, conduct a search using an internet search engine. While there are many internet search engines, they are not all equal. Using an open non-tracking search engine is both safer and far more repeatable than one that tracks. Carson Patents recommends DuckDuckGo for all internet searching needs. Starting with an open internet search is easier to do and frequently helps provide additional keywords and phrases that are related to the claims, features, or functions of the invention. Start with as few keywords as possible and add more as needed until you find anything similar or are certain that the related keywords do not already exist as an invention. You are looking to find anything similar to the invention to discover if the invention has already been created. Be sure to collect copies of relevant findings. If there is not downloadable content for the findings, print the screen or print the page to a *.pdf file. The collection of things you save is the prior art for the invention.

  2. Patents Keyword Search

    How To Patents Keyword Search

    The patents keyword search is the second step. Using the keywords and phrases that describe the features and functions of the invention, search a worldwide patent and patent application database. While there are several, Carson Patents recommends using PatentScope. This patent search engine is provided by the World Intellectual Property Organization (WIPO) and includes a language translation as needed for documents from other countries. The purpose of searching on PatentScope is to find anything similar to the invention. Be sure to collect copies of both patents and patent applications. To ensure you have the figures to review, save everything similar you find as both the original document and a translation. Any patents, even expired ones, are prior art. The same is true for any patent application documents. Remember, anything, regardless of where it was found, can be prior art.

  3. Patent Classification Search

    How To Patent Classification Search

    The classification search is the third step. If you know the classification, search a worldwide patent and patent application database for documents in that class. If you don’t know what classification to use, you can use the classification(s) from any similar prior art. If using prior art does not comply, you can also research the appropriate class using the USPTO’s Classification Resources. Enter your best keywords in the classification text search box and research the options for the appropriate class for the invention. Once you know the classification, search a worldwide patent and patent application database for documents in that class. Carson Patents recommends using PatentScope. Again, you are looking to find anything similar to the invention. Be sure to collect copies of both patents and patent applications. Similar to the second step, to ensure you have the figures to review, save anything similar that you find as both the original document and a translation.

  4. Search in Related Patent Classes

    How To Search Related Patent Classes

    The search for related inventions is the fourth and final step. Search a worldwide patent and patent application database for documents in that class. Carson Patents recommends using PatentScope. In this search, you are looking to find anything that might be able to be used in making the invention or used for the same purpose as the invention. As with the other patent document searches, be sure to collect copies of both patents and patent applications. Similar to the second and third steps, in order to ensure you have the figures to review, save anything similar that you find as both the original document and a translation.

Estimated Cost: 1200 USD

Supply:

  • Description of Invention Features and Functions
  • Ample Time for Reading

Tools:

Materials: A good description of the invention A list of keywords and phrases for the invention A classification or description of the subject for the invention Invention claims if possible

Patent Practitioner Help Recommended

The United States has specific criteria. Whether it be a patent, patent application, or other disclosure that may be relevant, prior art can get complex. For example, in certain circumstances, an earlier disclosure by the same inventor may be excusable, or prior art. In other circumstances, an application filed earlier, but published later than your application, may be cited against your application. 

Patenting is complex

Prior art searching and patentability determinations are time consuming and complex tasks. Additionally, all patents, patent applications, and non patent literature from around the world need to be examined and considered in an exhaustive search. An exhaustive search includes searching in other related fields. When considering how to do a patent search, other related fields are areas of potential use or related technologies that may be applicable.

Patent Help Available Online

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Online patent help, starting at – $800.

Patent Confidentiality. Invention disclosures to patent practitioners are covered by client controlled privilege.

Important TIP: When looking for expert patenting services help only a patent attorney or patent agent can prosecute patents for you.