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FAQ: How do I conduct my own patent search?
by CriterionD » Wed Nov 21, 2007 10:55 am
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CriterionD - Blue Belt
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FAQ: How do I conduct my own patent search?
by CriterionD » Wed Nov 21, 2007 10:57 am
-
CriterionD - Blue Belt
- Posts: 431
- Joined: Mon Feb 19, 2007 6:23 pm
- Location: Tempe, AZ
There are three methods of patent searching:
Classification searching: The USPTO classifies patents into different classes and subclasses – an index can be found here:
http://www.uspto.gov/go/classification/
Keyword Searching: You can search patents using keywords.
Reference Searching: Most patents reference similar prior art, and may be referenced by other patents as well.
All three methods of searching can be utilized while conducting a patent search – keyword searching can be used to help find similar patents which can be used to help locate the most pertinent patent subclasses, for example, and then reference searching can be used to “back check” once you think your search is complete. And all searches should not necessarily be conducted the in the same manner – note that one patent search might be reasonably complete after searching through just one or two patent subclasses, while another invention might not be accurately contained within any single group of fifty patent subclasses.
Note that when searching published patent applications, they tend to be misclassified somewhat, so it is not prudent to rely on classification searching when searching applications. When conducting keyword searches, note that the language used in patents often differs from “common” language. Generally, note that that no patent search is ever complete – it is up to you to determine what is reasonably complete, and that "non patent prior art" affects patentability just as much as a patent does. Lastly, note that boolean search operators and features are your friend when searching patents, and may differ from site to site.
A professional searcher may have tools at his/her disposal to increase efficiencies, and should also be experienced, which can further increase search efficiency. A good professional searcher should also be more likely to locate relevant prior art than a layman. But, if you have an internet connection, you usually will have access to just about all of the same databases any professional searcher – or even a USPTO examiner – has access to, and you should at least be fully capable of conducting a better patent search than some professional firms will conduct for you. Especially if you are a cash strapped inventor, conducting your own search can be a smart way to go as long as you have the time to invest.
SEARCH SITES:
www.uspto.gov (of course)
www.freepatentsonline.com (some enhanced search features)
www.espacenet.com (for international searching)
www.google.com/patents (only recommended for searching the text of pre-1970 patents)
www.patents.com (yet to come, we’ll see about this site)
www.delphion.com (the best, but it costs money)
Classification searching: The USPTO classifies patents into different classes and subclasses – an index can be found here:
http://www.uspto.gov/go/classification/
Keyword Searching: You can search patents using keywords.
Reference Searching: Most patents reference similar prior art, and may be referenced by other patents as well.
All three methods of searching can be utilized while conducting a patent search – keyword searching can be used to help find similar patents which can be used to help locate the most pertinent patent subclasses, for example, and then reference searching can be used to “back check” once you think your search is complete. And all searches should not necessarily be conducted the in the same manner – note that one patent search might be reasonably complete after searching through just one or two patent subclasses, while another invention might not be accurately contained within any single group of fifty patent subclasses.
Note that when searching published patent applications, they tend to be misclassified somewhat, so it is not prudent to rely on classification searching when searching applications. When conducting keyword searches, note that the language used in patents often differs from “common” language. Generally, note that that no patent search is ever complete – it is up to you to determine what is reasonably complete, and that "non patent prior art" affects patentability just as much as a patent does. Lastly, note that boolean search operators and features are your friend when searching patents, and may differ from site to site.
A professional searcher may have tools at his/her disposal to increase efficiencies, and should also be experienced, which can further increase search efficiency. A good professional searcher should also be more likely to locate relevant prior art than a layman. But, if you have an internet connection, you usually will have access to just about all of the same databases any professional searcher – or even a USPTO examiner – has access to, and you should at least be fully capable of conducting a better patent search than some professional firms will conduct for you. Especially if you are a cash strapped inventor, conducting your own search can be a smart way to go as long as you have the time to invest.
SEARCH SITES:
www.uspto.gov (of course)
www.freepatentsonline.com (some enhanced search features)
www.espacenet.com (for international searching)
www.google.com/patents (only recommended for searching the text of pre-1970 patents)
www.patents.com (yet to come, we’ll see about this site)
www.delphion.com (the best, but it costs money)
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