What is a Patent Search?
A patent search is a search of the patent office database, found at www.uspto.gov. At the outset, you, as the inventor, should search the internet, using key words to describe your device, to see if there is anything in the market, or on the internet, which is like your device. Not all inventions are patented, and you do not need a patent to market or sell your device. However, if your device catches on, and becomes popular, you may very well end up wishing that you did have a patent on it.
After an inventor describes their device, or sends me a sketch of the device, and describes how it works, I try to use key words to describe the device, and I search those key words in the Patent Office database. As we all know, a computer only searches for what it is told to search for. In other words, if your invention is a soup spoon, I will search the words “soup” and “spoon”. I may or may not discover patents which anticipate your device. What I will not find is a device, which very well may be a soup spoon, which is called a “liquid ladle”, or a “flowable containment device”. As you can see, there are many ways to describe something. If I do not use the same words another inventor uses, I will not be able to find that person’s patent. This leads to problems when a patent is found by the Examiner which anticipates the invention at issue.
There are several ways in which a patent may be missed. However, at least a cursory search is beneficial in that it gives the inventor an idea of the number or patents addressing the inventor’s device. This is not to say that a patent is not achievable, but you should be aware of the competition for patent “coverage”, as it has the potential to force the narrowing of the scope of your claims language.
Sometimes, after reviewing the invention, I may suggest foregoing the patentability search and recommend preparing and filing the design patent application along with a utility patent application. Our decision in this regard is usually based upon the economics of the cost of the patentability search as compared to the cost of preparing and filing the design patent application. Usually, even if the inventor’s device is not patentable, because of previous embodiments of the device, the applicant may be entitled to a design patent, which protects the actual configuration of the device. Though easier to “design around” than a utility patent, the “design patent” does protect the exact embodiment and appearance of the device. If you wish me to prepare a design patent application on your behalf, then I require a non-refundable retainer in the amount of $700. The balance of the fee for design patent application, plus drawing and application fees are due and must be received prior to forwarding your application to the U.S. Patent Office. The legal fee for a design patent application is $850, the Patent Office application fee is $230, and drawing fees are stated above. All fees are subject to change, without notice, and the fees herein are provided as information and not binding.