A search for relevant prior art references can be performed on the USPTO website. The USPTO website explains “The 7-Step U. S. Patent Search Strategy”.
HELPFUL TIPS: You must search the databases for BOTH Issued Patents and Patent Applications. Some published patent applications will mature into patents. If you search only the Issued Patents database, then you will not find those references that were filed but never matured into a patent. If you search only the Patent Applications database, then you will not find those references that were never published.
The Patent Office classifies each invention to a class and subclass. If you’ve search the Issued Patents and Patent Applications databases before without limiting the search to a particular class or subclass, you may have found numerous irrelevant references which you had to review to properly dismiss. Be sure to search within the correct class and subclass. Otherwise, you risk missing relevant prior art references in a different class.
Searching for relevant information on the USPTO website has its limitations. The USPTO database is a keyword based search. If an incorrect keyword is searched, then relevant prior art may not be discovered. Be sure to brainstorm all of the possible keywords for your invention. The search on the USPTO database may be a good starting point to determine whether to hire a patent attorney or patent search firm to perform the patent search. However, the results of a search performed on the USPTO website may not provide a reliable basis to form an opinion as to patentability.
For more information, I invite you to Contact me.
Loading ...
