subject: Performing A Search In Preparation For A Patent Filing [print this page] One of the most troubling parts of obtaining patent protection, is being informed that the idea in which you wish to patent has already been patented by someone else. In order to avoid this frustrating situation, it is important to perform a thorough patent search before filing your application for protection. Luckily, performing a patent search can be easily accomplished. However, the complexity of the search can vary greatly. Performing a complex and thorough search is usually best accomplished with the assistance of a patent attorney.
In a typical patent application, the applicant will need to be sure that the idea has not already been granted patent protection. Patent applications that involve improvements to existing patented ideas need to ensure that the proposed improvements are sufficiently distinct from the original work. In order to protect yourself form international patent infringement suits, it's generally best to perform your patent search on a global level.
If you fail to conduct proper research and worldwide patent search protocols, you may end up facing early rejection due to your invention already being patented. Inventors who hold existing patents may also benefit from conducting a periodic worldwide patent search to make sure there have not been any recent patents filed that are too similar to theirs.
The simple, basic worldwide patent search can be conducted by anyone with access to the Internet by visiting the World Intellectual Property Organization's PatentScope website. While this search engine has a good functionality and reporting interface, a user unfamiliar with patent law and applications may be confused by some of the structure of the documents.
While Internet patent searches on certainly on the rise, they are not without complication. One of these complications is translation. If you're conducting a patent search on a global scale, you may be presented with international patents that have not yet been translated into your native language. This is a great example of a strong reason to retain the help of a qualified patent law firm. Law firms will generally have support staff that can help translate international patent language.
