Search Patents - Step 2
Search for patents similar to your idea
Just because an idea is not readily available on the market, it doesn't mean that the idea has not been conceived in some capacity. The bottom line is that a patent application will be deeply scrutinzed by a government patent examiner. Part of an examiner's job is to search for existing items that are similar to the idea being presented by the applicant. While Greenberg & Lieberman attorneys have worked with examiners in many cases involving similar patents, the best option is to avoid the unenviable position of fending off a suprise idea discovered by a patent examiner. Otherwise, the application faces rejection.
Pre-emptive strike : There are two ways to look at the search process. First, if the search reveals a similar idea than the one being considered, the client can weigh the risks associated with exploiting any differences between the ideas or simply drop the idea before further time and money is invested. The second way to look at the patent search is as a pre-emptive strike. Typical patent applications include a section that describes existing patents and products. If the applicant conducts a thorough search, the application will include any similar search results and argue the reasons why the applicant's idea is substantially different from those existing ideas. In this way, the examiner may find the same search results and take into account the immediate arguments presented in the current application.
Key step: The patent search should be viewed as an integral step in the patent application process. In fact, it is recommended that the patent search be the first step taken after an individual or company decides to consider pursuing a patent. Many of the other possible obstacles relating to the fate of a potential patent application -- obviousness, lack of proper description, etc -- may be moot if the idea is deemed to not be novel.
Searching: People can conduct a patent search on their own for free. An excellent Web site used to connect people to various domestic and international patent office databases is www.patentsearchonline.com. This search is considered a screening search as the method behind this search is the use of key words. By deffinition such a search is flawed as different people think of concepts and ideas using different words. However, such a search is what is used in the majority of cases as the cost of a more in depth search (a patentability search where a every patent within the Patent Office designated class and sub class where the patent might be is looked at) can be prohibitive and even more expensive then the cost of the patent application.
Greenberg & Lieberman attorneys also have extensive experience in conducting thorough patent searches (patentability searches) and screening searches (if you do not have the time to look yourself). Our close proximity to the U.S. Patent and Trademark Office enables our attorneys to search relevant records by hand if necessary, as well as extensive computer information relating to domestic and international patents. This close proximity also enables registered attorneys at Greenberg & Lieberman to consult directly with patent examiners if desired.
Results: Once either the client or one of our attorneys completes a search, a Greenberg & Lieberman attorney will review the results with the client. Nothing is sugarcoated and all search results are openly shared with the client. Just because an existing idea is similar, it does not necessarily mean the idea is not novel or unique. The final step in the search process is consultation with an attorney where all options are discussed. However, the decision to pursue a patent application or drop the idea is ultimately on the client.
 Go to Step 3
Protect your idea in anticipation of receiving
one or more patents.
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