Prior Art Search Quiz
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1.
Do you have a clear description of what you want someone to search for?
If your answer is yes,
That’s great. It is important to have a clear description of what you want to search for. A clear description helps you create boundaries around what you are looking for. Make your description short and clear-- one or two paragraphs at the most. This description will help you identify keywords for use in conducting your search through Patent Express.
If your answer is no,
Ok, you have some work to do then. It is important to have a clear description of what you want to search for. A clear description helps you create boundaries around what you are looking for. Make your description short and clear, one or two paragraphs at the most. This description will help you identify keywords for use in conducting your search through Patent Express.
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2.
Are you aware of any companies or websites that might be making something similar to your invention?
If your answer is yes,
That’s a good start. It is important to identify the companies or websites related to your invention. Sometimes it is painful and disheartening to look at other sites that may have disclosed portions of your invention. Still, it is important that you do this. You need to know which battles to wage, to be confident that you are trying to protect the inventions that have the greatest chance of making it through the patent office.
Conduct a brief search on Google to see if you can find companies in your space. Keep a list of companies you find. You will need to submit these references to the patent office under U.S. patent law. Patent Express will help you do this. In addition to being a legal requirement, submitting these references to the patent office will give you a presumption of validity over these references when your patent issues, which in turn will make any resulting patent more valuable. Furthermore, a good list of potential competitors and websites will help you conduct more targeted prior invention searches later. Patent Express will show you how.
If your answer is no,
You should consider doing this, even though under U.S. patent law, it is not mandatory to conduct a search prior to filing a patent application. However, sometimes it is useful to do so. It is important to identify the companies or websites related to your invention. Sometimes it is painful and disheartening to look at other sites that may have disclosed portions of your invention. Still, it is important that you do this. You need to know which battles to wage, to be confident that you are trying to protect the inventions that have the greatest chance of making it through the patent office.
Consider conducting a brief search on Google to see if you can find companies in your space. Keep a list of companies you find. You will need to submit these references to the patent office under U.S. patent law. Patent Express will help you do this. In addition to being a legal requirement, submitting these references to the patent office will give you a presumption of validity over these references when your patent issues, which in turn will make any resulting patent more valuable. Furthermore, a good list of potential competitors and websites will help you conduct more targeted prior invention searches later. Patent Express will show you how.
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3.
Have you filed a patent application on your idea before starting this search?
If your answer is yes,
Ok, that’s great. By conducting a search after filing your patent application, you may help the Patent Examiner in charge of your case evaluate your case faster. In addition, you can decide whether any amendments to your claims may be necessary proactively. You will need to submit these references to the patent office under U.S. patent law. Patent Express will help you do this. In addition to being a legal requirement, submitting these references to the patent office will give you a presumption of validity over these references when your patent issues, which in turn will make any resulting patent more valuable.
If your answer is no,
No problem. Although U.S. patent law does not require you to conduct a search prior to filing a patent application, it sometimes is useful to do so. It is important to identify the companies or websites related to your invention so that you can decide whether it is worth your hard earned money to file a patent application in the first place.
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4.
Have you conducted a general web search for other companies in this space?
If your answer is yes,
Good. It is sometimes useful to do this search to make sure you are picking your battles well, and that you are filing patent applications for the right technologies which have the best chance of making it through the patent office.
If your answer is no,
You should consider doing a 15 to 30 minute general web search. This way, you can be sure that you are picking your battles well, and that you are filing patent applications for the right technologies which have the best chance of making it through the patent office.
Disclaimer
The information provided in this site is not legal advice, but general information on legal issues commonly encountered. Though started by attorneys, Patent Express is not a law firm and is not a substitute for an attorney or law firm. Patent Express cannot provide legal advice and can only provide self-help services at your specific direction. Please note that your access to and use of PatentExpress.com is subject to additional terms and conditions.