Do a US Patent Search

Patents are government issued property rights over an invention for a certain period of time. If you have a patent on something, you can exclude others from making, using, selling or importing the product you invented. However, you cannot get a patent on a product if that same product has already been publicly disclosed anywhere in the world. You also cannot make, use, sell or import anything that is still patented in your country, without permission. Therefore, you need to do a patent search prior applying for a patent or making a product using someone else's patented invention. You can conduct a patent search yourself through the United States Patent and Trademark Office (USPTO) or you can employ help.

Steps

Using the USPTO Search Function

1. Plan ahead. The USPTO website makes it clear that conducting your own patent research is a difficult task. However, it is possible. In addition, even if you are going to hire someone to help, it is good to know what process they are going through and how they are finding results. Before you start, understand that the search process will take days, if not weeks, to complete.
   • Spend a few hours simply navigating the search tools and learning about the process.
   • Make sure you record your search process as you move along. You will want to include the databases used, the date and time of your searches, the classes searched, and the materials retrieved.
2. Brainstorm relevant terms. Write down an accurate description of your invention and avoid using broad or general terms. For example, try not to use words like "device", "process", or "system."Use as many keywords and technical terms as you can. Also, try to think of synonyms of the words you are writing down and use them as well. Ask yourself questions to help you with your brainstorming process. For example: what is the purpose of your invention, is it a process or a product, what is your invention made of, how is your invention used, and can you describe the nature of the invention?
   • As an example, assume you have invented an umbrella with a new design that keeps it from collapsing in strong wind conditions.
   • The purpose of this invention is to eliminate collapsing in high winds.
   • The invention is a product and an improvement in umbrellas that will help alleviate the need to replace them so often.
   • The invention has a framework with ribs, stretchers and a main frame, securing rings, mounting brackets, and fabric and joint connectors.
3. Search the USPTO website. With the preliminary work done, access the USPTO website and use the general search function, which is found in the upper right hand corner of the website. Start your search by typing in "CPC scheme." This indicates that you are conducting a patent search using the USPTO's new classification system. After "CPC scheme", type in a keyword or some of your keywords that you brainstormed before you started. For example, you may type in "umbrella" after "CPC scheme" then hit search. If you are not happy with your results, go back and try using different keywords.
   • When you click search you will be given various results with letters and numbers that do not make sense. The letters and numbers are classes and sub-classes of inventions. For example, if a search result bears the sequence A45B, the A is a class of inventions for "human necessities." The 45B is a sub-class for walking sticks, umbrellas, and a few other things. Click on the result that gives you the most in-depth and on point information.
   • Once you click on a result, you will be taken to a page that further breaks down your results. Search within this page for a concept that most closely fits your search criteria. The dots you see tell you how specific a concept is. The more dots there are next to a result, the more specific the concept is. For example, continuing with your umbrella search, you will see a result titled "A45B 25/22 Devices for increasing the resistance of umbrellas to wind", but it only has one dot next to it. However, when we keep looking, there are no other results with more specificity that are still relevant. Therefore, you should click on that search result.
4. Review the definition linked to your results. Once you click on the result that best matches your search, you will be taken to a CPC Classification Definition. These definitions will often include useful information you can use to better search for patents and applications. Use the definition to refine your search keywords. Write down the definition and keep it by you.
   • For example, in the umbrella search, the CPC Classification Definition happens to be a series of images. This will not be particularly helpful for you. However, most definitions will include text.
5. Find issued patents assigned to your results. Now that you have a relevant CPC classification (i.e., the series of letters and numbers that identify the inventions you are looking for), you will use that information to find all of the patents that have been issued and assigned to that classification. To do so, go to the USPTO homepage and click on the "PatFT" under the "Quick Links" menu. The PatFT database is where you look for patents that have already been issued (i.e., not patent applications). Type in your CPC classification in the Term 1 box and in the Field 1 box select "current CPC classification." When you select years, select "1790 to present", which will allow you to search the entire database. Click the search button to retrieve your results.
   • In the umbrella example, you would type in A45B25/22 in Term 1 box. Once you complete the other information mentioned you will click search.
6. Review each patent's front-page information. The results you see on the page will be all of the patents related to the CPC classification you searched under. Click on each result (and there may be a lot of them) and then click the "images" button in order to get a PDF version of the patent. Read the front page and look closely at the abstract and representative drawing. Note any patent number that seems similar to the invention you have.
   • Once you have done a cursory search of patents, take the ones you thought were similar and look at their patents in more depth. Look for similarities between your invention and the inventions that have already been patented. Keep track of any similar inventions.
7. Find published patent applications. In addition to searching for issued patents, you will also need to search published patent applications. Go back to the USPTO website and click the "AppFT" button under "Quick Links." Enter the information in the boxes just as you did for the issued patents. However, when you get to "select years", you will only be able to go back to 2001. Click search.
   • Just like you did with issued patents, look through the patent applications and determine the ones that are similar to your invention. Keep track of those patent numbers.
8. Broaden your search if necessary. If you conducted a search and didn't find any issued patents or published applications, try broadening your search until you get results. Repeat the process until you are happy with the results you have.

Accessing Information Through Patent and Trademark Resource Centers (PTRCs)

1. Locate your local PTRC. PTRCs are local branches of a national network of libraries that have been designated by the USPTO to help the public with patent questions. Each designated location has a staff of trained individuals who can help you conduct patent searches.
   • To find your local PTRC, visit the USPTO website and search PTRC locations by state. While most states have a PTRC location, not every one does. In addition, the nearest PTRC location may be hundreds of miles away from where you live.
   • If you cannot easily access a PTRC, you may need to consider conducting the research yourself or hiring help.
2. Make an appointment and visit. Once you have found a PTRC close by, call them and make an appointment. The USPTO website has all the contact information you need. Be aware that there may be fees involved. In addition, not every PTRC will offer the service you need.
   • When you call your local PTRC, ask about the hours of operation, the fees, and the services they provide. If they are able to help, set up an appointment to meet with a representative at the PTRC.
3. Prepare for your appointment. Before you arrive for your appointment, prepare documents and conduct any preliminary research you think is relevant. For example, you should brainstorm relevant terms beforehand. You should also create an outline that includes what your invention is and what you are looking to get out of a patent search (i.e., you want to make sure there is nothing identical out there).
4. Ask staff for assistance. When you arrive for your appointment, you will meet with a trained individual who will assist you. You will be given access to USPTO resources, including their search databases. They will demonstrate how to use the search tools and they will help you conduct your patent search.
   • In reality, the PTRC will use the same process as if you were using the USPTO search function on your own. However, the trained staff will know what to look or and will help you manipulate your searches to get the results you need. These are things that take time to learn and may be difficult to do on your own.

Employing Professionals

1. Find qualified patent attorneys or agents. If you do not feel comfortable conducting patent searches on your own, or if there are no local PTRCs in your area, you may need to consider hiring a professional to help you. The USPTO recommends you use a registered agent or attorney if you are not experienced conducting these searches. Registered agents and attorneys have licenses to practice before the USPTO. These individuals are the most qualified and experienced at helping you with all of your patent needs.
   • To find qualified attorneys or agents, use the Patent Practitioner Search function offered by the USPTO. You will be able to search for individuals by their name, where they are located, and whether they are taking new clients. Find a local candidate and contact them for help.
   • Before you hire someone you found using the Patent Practitioner Search function, search that person's status with your state bar as well. An individual may be listed in the USPTO database but may not be in good standing with their state's licensing board. To conduct an attorney search, go to your state's bar website and conduct an attorney search. Type in the person's name and analyze the results. Look to make sure the individual is still licensed to practice law in your state and make sure they do not have a history of discipline.
2. Search for research companies online. If you do not think you need an attorney to help you with your patent search, there are companies out there that will offer patent search services for a fee. A lot of these research companies are even hired by law firms to conduct patent searches on their behalf. Therefore, they can be a great option so long as you find a reputable and trustworthy company.
   • Go online and conduct a general search for "patent search companies." Analyze your results and contact each company you are interested in.
3. Watch out for scams. Some online companies are not reputable and are only looking to take advantage of you. Be wary if a company is guaranteeing results. For example, if a company promises to find every single patent or application that is similar to yours, be concerned. It would simply cost too much and take too much time to find everything that is out there.
   • Find a company with a proven track record and trustworthy background. They should be able to conduct a search in a timely manner and find a majority of concerns out there.
4. Ask about fees. Fees for attorney searches and company searches will often be between $500 and $1,500. The fee will depend on the complexity of the search and how quickly you want the results. The more complex an issue is, and the faster you want the search completed, the more it will cost.
   • Be wary of incredibly low fees. Often, these companies are just trying to make a quick sale and will conduct little or no research on your behalf. For example, if you see that a company is offering a $50 search, you may want to avoid them.

Tips

• A patent search may be either for "clearance" search or a "prior art" search. "Clearance" is for avoiding violation of the rights of others who already have patents. A "prior art" search is for determining whether you may patent it yourself, in view of all existing public uses and publications, not just patents. There are different criteria for each type of search.
• Under US patent laws, your OWN publication, public use, sale, offer to sell, or disclosure of your invention to others, prior to filing an application, may start a one-year grace period, allowing you to still claim "novelty" of your invention, but other countries may use your own disclosure as "prior art" to deny your patent there.

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