patent search

What do you mean by “patentability”?
“Patentability” refers to the process of determining if your invention is eligible to receive a patent. One of the primary considerations of patentability is whether another patent already exists on your invention. This process of determining patentability involves reviewing and understanding existing patents as well as non-patented, similar products (together called “prior art”) to determine the unique qualities (“novelty”) of your invention. A USPTO examiner performs a “patentability assessment” during the patent review process. Some inventors also contract with a Patent Attorney or Agent to conduct a preliminary “patentability opinion” prior to moving forward with a patent application. This process does not guarantee that your patent application will “pass” the patent criteria followed by the United States Patent and Trademark Office, but it could be beneficial in the long run. Also, it is important to understand that this process is not an exact science. A patent attorney will do his or her best to find applicable prior art and to make a determination, but with the millions of patents that exist today, you will never receive a 100% guarantee.

What is a patent search?
One of the major factors of “patentability”, as discussed above, is to consider what similar inventions are already patented. For best results, I would recommend that you hire a patent attorney or patent search firm to complete this step. A patent search is the process of searching for all previous issued patents. It may also include a search of foreign patents and printed publications. A patent search does not guarantee that your invention is or is not patentable; it is primarily focused on determining what similar or like invention(s) are already patented. Note: most companies that may consider licensing of your invention will inquire about your patent search results.

Should I perform a patent search?
Along with basic market research, I recommend that you consider a patent search prior to moving forward with filing a provisional or non-provisional patent application. The last thing you want to do is waste your time and money developing an invention only to find out later that it had already been invented and patented. As I mentioned above, patent searching is not an exact science so you’ll never receive a 100% guarantee that the search found every applicable patent, which is an inherent risk in the process.

Can I modify an existing product?
Yes. Modifications to existing products are done every day, which drives product improvements and competition. Many inventors focus purely on improving existing ideas and products, and profit from simply modifying products that are already on the market. The only caveat to this strategy is to ensure that you modify the invention in such a way that it is different from what the original patent holder has claimed. Many times, you can improve an existing product and receive patent protection on the “new” product.

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