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Patent Search FAQs

Need an Expert but Affordable US Patent and US Patent Application Search?

A proper US patent search and US patent application search can facilitate obtaining a patent on your invention.

Is a USPTO patent search required before I file a patent application?

A patentability search by the inventor is not required before an inventor files a US patent application, nor is it required to get a US patent.

Why do a USPTO patent search before filing a patent application?

A USPTO patent search report can provide a useful assessment as to the novelty of your invention and the resultant likelihood that the USPTO may grant a patent on your invention. This assessment may be very useful in deciding if the time and cost involved in filing a patent application may be justified.

Another reason for doing a US patent office search is that the patents and/or patent applications discovered by the patentability search may suggest to the inventor ways to revise his invention design so as to maximize the novelty of his invention, and thereby increase the chances of obtaining a patent on the invention.

Can You Perform Your Own Patent Search?

If an inventor feels they have the time and ability, they can attempt to perform a thorough USPTO patent search on their own, using various web sites that allow searches of patent applications and issued patents.

However searching prior art patents to determine if the material an inventor seeks to claim in his/her patent application may be patentable can be a time consuming and complex task. An accurate patent search often requires some advanced patent search skills.

If an inventor does not feel comfortable performing their own patentability search, we can perform a US patent search that includes a patentability opinion, for a reasonable fee.

Can an Inventor Conduct a US Provisional Patent Search?

There is no such thing as a US provisional patent.

The US does allow provisional patent applications, but provisional patent applications are not published by the USPTO and we are not aware of any methods to search them.

An inventor may only search for US nonprovisional patent applications after those patent applications have been published by the USPTO.

What results are provided by our patentability search?

Our patent search service includes a USPTO patent search and a USPTO patent application search. The search results are described in a written patentability report with a patentability opinion and telephone consultation for the inventor. Our patentability report is carefully drafted for your invention. The patentability report includes a comparison of “prior art” US patents and patent applications with your invention, so that you have some assessment as to the patentability of your invention.

As a matter of ethics, we attempt to assess the patentability of your invention as objectively as possible. We strive to provide you, if reasonably possible, sufficient information to allow you to make a reasonably informed decision whether to file a patent application for your invention.

Will a Patentability Search Report State Whether or Not a Patent will be Granted on My Invention?

Our patentability search report cannot state whether or not you will receive a patent on your invention (nor can any patentability search report we’re aware of make a definite prediction that a patent will or will not be issued). Only the USPTO can make the determination if a patent will be granted on your invention.

Can a Patentability Search Discover All Patent Applications that Might be Used to Reject My Patent Claims?

A patentability search represents a good faith effort to report on “prior art” US patents and patent applications that might prevent you from obtaining a patent on your invention. As there are millions of issued patents and patent applications, there is no guarantee that all possible relevant patent applications will be discovered during a patentability search.

Also please note that pending, non-published USPTO patent applications will not be discovered when patentability searches are performed.

What is the Scope of Our US Patent Search?

Our US Patent Search covers U.S. published patents and published patent applications, with a keyword search back to 1976 and a class/subclass search going back as far as possible. Included in our patent search service is an expert opinion of patentability in the US, along with a list of relevant patent references found.

 

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