Patents & Patent process: beginner's guide
(part 2)
Why you should do a patent search
The patent process can be expensive, so the last thing you want to do is spend a lot of money preparing and filing an application when there is easy to find prior art that will prevent a patent, or at the very least make any patent that is obtained extremely narrow.
For this reason many inventors and businesses will choose to begin the process by paying for some kind of patent search. If prior art is found that is too close for comfort then the expense of a patent application has been saved. If no serious road blocks are found the patent search can and will lead to a better, stronger patent application and likely a smoother application process.
The reason patent searches lead to a better, strong patent application is because the first application filed is absolutely critical. All aspects of your invention must be disclosed, nothing new can be added without compromising the all important filing date (aka priority date). After having done a search the initial disclosure can be specifically written to carefully define your invention so as to focus on what is most likely the patentable feature or components.
By knowing what else is out there your patent attorney can tell the story and describe your invention accentuating the positive in a way that makes what you have seem unique in comparison to what the examiner will find. Patents are all about how you characterize things and little difference can make a huge difference. You never want to blindly describe your invention without knowing what else is out there. You invariably regret characterizations, which in hindsight you wish you hadn’t made.
I don't need a patent search - my invention is not on the market
WRONG!
Many inventors feel comfortable believing that there are no patents related to their invention when they can’t find it on sale on the Internet or in local stores. While surveying the market is a wise first step, frequently there are patents lurking that have simply not been used to develop commercial products.
For example, many times independent inventors will patent something and then not be able to advance the project forward.
The next person who comes along with the idea sees it has already been patented, perhaps the patent has expired. So there will be no way to prevent others from copying if the product is successful, so without exclusive rights it just doesn’t make sense to proceed.
Other times I hear inventors say that they have done their own US patent search and have found nothing. Patent searching is an art, and if you are not familiar with advanced search strategies it is not surprising you cannot find anything that is closely relevant.
Rest assured, however, there are always patents and patent applications that can be found that are at least similar in some ways.
While I encourage inventors to spend some time doing their own patent search, before spending thousands of dollars in hopes of obtaining a patent you should obtain a professional patent search and patentability opinion.
[see part 3]
Acknowledgment to: Gene Quinn at www.ipwatchdog.com
