We have all heard this story many times. I have an idea and I need to get a patent on it! Let me briefly provide a few comments. An inventor recognizes a problem and thinks of a solution. Generally this is an "aha" moment when the general constructs of the idea become apparent. Mistakenly, many people believe that you can patent an idea but this is incorrect. The difference between an author and an inventor is that an author writes a story based on an idea and an inventor creates an invention based on an idea. The author is protected using copyrights and the inventor is protected using patents. An idea that is reduced to practice is an invention. Not all inventions are patentable. To obtain a patent, an invention must be new, useful and non-obvious to one skilled in the art. In other words, the invention must be novel in order to recieve a patent.
The first step in obtaining a patent is to do a patent search. A patent search is an effort to determine if another inventor has already patented the invention. Patent searching is more an art than a science, however it is possible to research patents yourself when first getting started.
If you are attempting to conduct your own patent search try using these three techniques.
Keyword searching - keyword searching is one way to locate prior art that includes keywords you have selected representing your invention. The good thing about keyword searching is it rapidly makes you aware of prior art using the same terms. The drawback is that it excludes prior art not using the same terms. Keywords are useful in finding relevant art quickly.
Try using these links
US Patent Searching US Application Searching European WIPO
Classification Searching - The USPTO and International Patent Offices make use of a manual of classification. The manual of classification is an attempt to categorized similar inventions providing one place to find all inventions related to a specific subject. So long as your invention maps well to the categories of a classification system this technique provides the best search results.
Try using these links
USPTO Manual of Classification WIPO Manaual of Classification
Citation Searching - Once you located prior art that is good, look at all of the references cited in the patent and look up the patent on the PTO website to do a forward citation search. This allows you to leverage the work done by other searchers looking for similar things. Citation searching may be done at the USPTO website
If you feel that you need assistance in the search process feel free to give me a call or email if you prefer.
