Posts Tagged: "patent searches"

When to get a patent search done is largely a matter of choice, but one that also depends upon the purpose of the search. Most frequently, inventors will seek a patent search once they have an invention that they think is worth patenting, but sometimes inventors won’t yet have an invention that is complete, but would like to get a sense of the patent landscape to determine whether it even makes sense to continue the project and whether there may be some available space that they could target. These are two different purposes for a patent search, so the first step is to determine why it is that you want a patent search.

Generally speaking the first step toward commercializing an invention and making money is typically to pursue the patent path. For those new to the industry it is important to understand that on the road to a patent there are many mistakes that inventors can make unwittingly, some of which will ultimately make it impossible to obtain a patent. With that in mind, here is a list of the top 5 mistakes inventors make, followed by discussion of what you should do to move your project forward in an appropriate and responsible way.

Inventors and entrepreneurs who are looking to cut costs frequently want to do their own patent search. This is a wise first move, but inventors need to be careful. It is quite common for inventors to do a patent search and find nothing even when there are things that could and would be found by a professional searcher. So while it makes sense to do your own search first, be careful relying on your own search to justify spending the thousands of dollars you will need to spend to ultimately obtain a patent. In other words, nothing in this article should be interpreted as me suggesting that inventors can or should forgo a professional patent search. There is simply no comparison between a patent search done by an inventor and a patent search done by a professional searcher. Having said that, every inventor should spend time searching and looking if for no other reason than to familiarize themselves with the prior art. Of course, if you can find something that is too close on your own you save time and money and you can move on to whatever invention/project is next.

It is understandable that those who are entering into a business endeavor would want to know what their potential exposure might be, and when you have an invention perhaps the single largest potential liability looming is the threat of infringing a patent owned by another. This being the case, it is understandable that individuals and small businesses would like to be able to obtain a patent search and opinion that if they were to do what they are about to do they would not be sued for patent infringement. The analysis required in order to make this determination is daunting, takes a lot of time and comes with substantial liability for the patent attorney who offers the opinion. What this adds up to is a freedom to operate opinion costing a lot of money. Allow me to explain why.

Semantic search through TotalPatent has been recently refined to deliver search results that are more relevant and precise than ever, and do not require complex Boolean searches. The latest release builds on the past six years of development of the LexisNexis semantic search technology.

I continually preach to inventors the need to follow what I call a “business responsible” approach, which is really just my way of counseling inventors to remember that the goal is to not only invent but to hopefully make some money. Truthfully, the goal is to make more money than what has been invested, which is how the United States Congress defined “success” in the American Inventors Protection Act of 1999.

Whether you are an independent inventor, an fledgling entrepreneur or a seasoned inventor who is going out on your own for the first time, the best thing you can do for yourself is to become familiar with the concepts and procedure associated with protecting your inventions. Obtaining patents is not easy for the uninitiated, and without some familiarity you will…

Without a patent search you will invariably describe all aspects of the invention with equal importance, although we know from experience that there will always be certain features that deserve greater attention because they will contribute more to patentability. While it is helpful to identify any difference between an invention in the prior art, it is critical to spend the greatest amount of time discussing the features and variations that that will contribute to a patent being issued; that is where the patentable invention resides. This uniqueness will allow you to build a patent application that can lead not only to a patent, but a patent that meaningfully protects the core of what makes the invention unique compared with the prior art.

Some inventors consider doing the search of the Patent Office on their own, but there are several downsides to this plan. Their emotional attachment to the invention will cloud their judgment, and they will steer away from finding other products that are similar. Although chances are they have already identified a few other competitors, searching the U.S. Patent Office is a more intense process… [F]inding additional similar products does not mean that all is lost. The strategy changes to comparing the proposed invention with the patented one, and discussing ways to improve it and make it patentable.

There are ways that inventors can file for patent protection on their inventions with a limited budget, but even then you have to be realistic in the costs of this undertaking. It is critical to remember though that this is a process, and in order to do it right there are several steps that need to take place and each of these steps will take time and money. You cannot simply write down on a piece of paper what your invention is, and get a patent. If you follow these necessary steps of the process, and use the resources available to you, you can file a respectable patent application at a somewhat reasonable cost. But keep in mind that even if you are relatively Internet savvy and an educated individual, without the assistance of a Licensed Patent Attorney, the chances of things being missed or written incorrectly, increase exponentially.

Due to the laws of nature, and the reality that there are only a finite number of solutions to any particular problem, every generation invents, or re-invents, many of the same things. Thus, it is always wise to do a patent search to start the process. I guarantee a patent search will uncover inventions that you did not know were out there. With over 8.5 million utility patents having been granted in the U.S. and well over 1 million pending patent applications, and millions of other published but abandoned patent applications there is always something that can be found that at least relates in some ways. You are always better off knowing about those related inventions. This allows you to determine whether moving forward makes sense, and it also allows for a patent application to be written to accentuate the positive, and likely patentable, aspects of an invention.