Beginner Tips to Doing a Patent Search: How to Know if Your Invention is New
February 3, 2023
By R. Benjamin Peeler, IV
If you are considering the possibility of seeking a patent, one of the first questions you should ask is: “Does my invention already exist?” If the answer is yes, then you cannot patent your invention because novelty, or newness, is one of the fundamental requirements for getting a patent. Another important question is “Is my invention nonobvious?” But how do you know if your invention already exists or is nonobvious? Conducting a patent search will help you to evaluate the patentability of your invention.
A patent search is done in two stages: (1) determining the novelty of your invention, and (2) determining whether your invention is nonobvious. In the novelty stage, you should search domestic and foreign published patents and patent applications, as well as other sources such as websites, articles, books, etc. to see if each and every part of your invention has already been fully described in any single source. In the “nonobviousness” stage, you will search for sources disclosing any piece of your invention to see if someone would be motivated to combine them to yield your invention. These searches are known as “prior art searches.”
While it may seem daunting to search through all that information to find prior art, here are
some tips that will help you conduct a patent search more efficiently and effectively:
- Brainstorm Keywords: Start by writing down any words that are important to your invention. For example, if you have invented a self-sterilizing, hypodermic needle, you might write down terms like “self-cleaning needle”, “sterilizing syringe”, “self-sterilizing medical device”, etc.
- Find Relevant CPC Codes: The United States Patent and Trademark Office (USPTO) and the European Patent Office (EPO) organize patents by their Cooperative Patent Classification (CPC) code. Both offices’ websites will allow you to search using your keywords for any relevant code. Once you have these codes, you can quickly search for patent documents that are relevant to your invention.
- Search Google Patents with your keywords: Google Patents is a search engine provided by Google that allows you to search for patents using keywords in the same way as doing a normal Google search. Search using your keywords, as well as the CPC codes you found, and write down the number of any relevant patent documents. Google Patents will also provide translations of foreign language patents.
- Use Patent Office Databases: Search through the patent and patent application databases for the USPTO and EPO using your keywords and CPC codes. Again, write down any relevant patent document numbers.
- Find Prior Art: Use the prior art citations within the patent documents you have identified as relevant to dig further into related prior art. All patent documents must include all relevant prior art. You can use the hard work of your inventive predecessors to speed up your own prior art search.
- Rest and Repeat: Patent searches can be long, exhaustive processes with no definitive ending. Taking a break can allow your brain to relax and think of new keywords and search methods. Once you are rested, repeat your search process again, digging deeper, and broadening the scope of your initial search.
Patent searches are one of the best ways to ensure that your invention is patentable before you invest money into costly USPTO filing fees. They also allow you to familiarize yourself with the prior art of your invention, avoid any accidental patent infringement, and potentially spark new creative ideas. You can perform a patent search on your own, but seeking the help of a professional can be extremely beneficial in ensuring your invention is patentable.
Ben Peeler is an associate attorney with Flint, Connolly, & Walker LLP who specializes in intellectual property and commercial transaction matters.