Ok. You just thought of the next great invention. Now what?
You know you should do a preliminary search to see if your invention already exists before contacting a patent attorney, but how do you do that?
To have a patentable invention or process, under U.S. patent law, it must be novel (meaning it’s never been invented before) and a non-obvious variation of an existing product or idea.
Step 1: Describe your Invention
Write down the basic outline of your invention. You will use this outline to help you search in Steps 2 and 3. Write out the answer to the following questions:
- What does your invention do?
- Is your invention a product or a process?
- What are the key components of your invention?
- How is your invention used?
- Are there any relevant technical terms?
Step 2: Search for your Invention on the Internet
Use Google (or another search engine) to find your invention online. Look for products that are available for purchase as well as any written disclosures or descriptions that sound similar to your invention.
- If you find every element of your invention disclosed by a product for sale or a written disclosure, then your invention is not “novel” and cannot be patented.
- If you cannot find every element of your invention disclosed by a product for sale or a written disclosure, then your invention might be patentable if the differences between your invention and the prior art are not “obvious.”
- You should save copies of the closest products and publications to discuss them with a patent attorney in Step 4.
Step 3: Search for your Invention on the USPTO Patent Database
Look for any written disclosure (words or drawings) filed with the United States Patent and Trademark Office (USPTO) that are similar to your invention. The easiest search interface is the Google Patent page, but the USPTO search interface will also suffice.
- If you find every element of your invention disclosed by a patent or patent application, then your invention is not “novel” and cannot be patented.
- If you cannot find every element of your invention disclosed by a product for sale or a written disclosure, then your invention might be patentable if the differences between your invention and the prior art are not “obvious.”
- You should save copies of the closest patents and patent application to discuss them with a patent attorney in Step 4.
Step 4: Consult a Patent Attorney
If you still haven’t found every element of your invention in any single product, publication, patent, or patent application, then you should consult a patent attorney. Show your attorney the results of your research from Steps 2 and 3 (often referred to as “prior art”), so you can discuss whether the differences are “obvious.” If not, you should talk to your attorney about commissioning a professional patent search. A typical professional patent search costs $600-800.
If you need more information on the benefits and elements of a simple patent search or you need help evaluating patent search results, please send us a message. We have lawyers licensed in Arizona, Connecticut, and New York, and we can handle federal intellectual property matters in any U.S. state and assist with international matters. For even more information, sure to connect with us on Facebook.
Post by patent attorney Joseph Meaney, edited by social media attorney Ruth Carter.