Formal Patent Search

Not that long ago, the online search was not available. Inventors had to go to law firms to get a search done. Now, anyone can go online and perform a buzz word search, at home, without cost. Probably 30% of inventors who contact me will find their idea, already patented, through an online.

The buzz word search has its limitations. The patent office is not a buzz word system. Its more of a dewy decimal system or classification system.

Add to this that Patent Agents have a tendency to speak in 'patentese' instead of plain daily language and the buzz word search can be even further limited. I doubt any of us would consider searching;

'appartus for the redistribution of particle matter over a planar surface'

No, Im pretty sure the majority of us would type 'broom'.

Formal Patent Searches are generally done by specialists. There is no designation for a 'Search Agent'. They are generally people who had heavy research backgrounds and somehow fell into it. Most law firms will sub the search work out to these individuals.

Formal Searches will range in cost from $700 to $1,500 per country. Many law firms add a review and report to the results at extra cost. The search itself is generally on the lower end of the cost range. The review and reporting being extra.

When I work with inventors, we need to make an effort to postpone costs as much as possible. Generally, we like to use our resources to see some level of success quickly. With this in mind, my clients andI found it more economical to perform the search with no review initially. The results will likely fall into one of three catagories;
1. 40% will be a clear 'no chance of obtaining patent protection'.
2. 40% will indicate patent protection is very possible.
3. The remainder will fall into the gray zone.

In the event of item 3 we will turn the file over to the Patent Agent/Attorney for review and pay the extra cost.

Probably a drawback of the internet is that anyone can do an online search. Make sure the search agent is not simply doing the same search you can do yourself. If the fee is too small, its likely the case.

Patent Searching for better Patent Applications

Our search is complete and we have a pile of prior art. Some is directly relevant and some is in the periphery. Our Patent Application is designed to tip toe through the mine field of other patents.

The Patent Office will eventually review our application. When it does it will perform its own search and mosaic all the prior art found, against our application. We have a duty to disclose our search results and any other pertinent competing products that we are aware of. This can build up a pretty good in favour of the incumbent patent holders.

But the total prior art does not generally make an impenetrable wall. More of a blotchy spider web really. Our Application can make its roots in the remaining spaces. And we will build our patent on its specific uniquenesses.

2 Ways To Improve Your Online Patent Search

If you are performing an online patent search you can improve your search effectiveness with two simple techniques.

First, enter your buzz words in the search engine and see what comes up. Pay particular attention to the vocabulary used on other patents that arise in your initial search. Use the same vocabulary to search more patents using those same words. Often, when Patent Agents write a patent application they look at competitive patents for terms commonly used in reference to that type of invention. Therefore, patents in a similar category will tend to have similar terms and phrases.

Second, once you find patents that are anywhere similar to your idea using the buzz work search, go to the 'Citations' and 'Referenced By' sections listed on that patent. These are patents that are considered to be relevant to that patent. You can open those patents and see if any of them are relevant to your idea.

Online Patent Search

When we have a new idea we have to consider that 50% of inventions turn out to already be patented. The internet has done a few good things for invention and patent development, one of which is the ease of access to a Free Online Patent Search of the United States and Canadian Patent Offices. There are a few links to these at www.2innovative.net/patentsearch.htm
Probably the easiest to use is the google patent search link.