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Experienced Business Guide |
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Finding innovations |
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In this Section In order to be able to apply for a patent on a product, you need to know whether anything like it has already been patented. In order to determine this, you'll need to conduct a "patent search" to discover if a similar product has ever been patented. This process requires researching through patents in your specific category, as far back in history as possible. For about $500.00, you can do this through a patent attorney or patent agent office. But if you have the time and your city has a patent depository library, you can also do your own preliminary search for free. There are over eighty U.S. Patent Depository Libraries located throughout the United States -- at least one per state. But first, here's the difference between a "patent" search and "trademark" search. Patent Searches A patent search is a search of all the patented items in the U.S. Patent and Trademark archives to see if your product has already been patented. Until 1995, patent durations were for 17 years from the date of the patent's issue. Therefore if you happen to find any patents exactly like yours, but they have expired, these patents are now "public domain" and cannot be patented again. Similarly, if you find a patent, which is still active, you will not be able to patent your product unless it is sufficiently different However, finding existing patents, whether in the public domain or active, is very valuable to you because it can help you and your patent attorney or agent develop your patent so that it isn't rejected based on past claims of these existing patents. This is where a good patent attorney or agent is crucial. A patent search is a more specialized task than a trademark search. While we recommend getting a patent search with a qualified patent attorney or agent, we also suggest that you do a preliminary patent search yourself, because you will learn a lot about your product by doing this preliminary research. By doing a preliminary search yourself, you will also be able to compare the results to see whether you came up with any patents that were not on the patent attorney's list. Trademark Searches A patent search is completely different from a trademark search. A trademark search is a simple process of a computer going through a database of trademarked words to see if any of the words match. It will come up with a list of similar trademarks for you to review and determine whether or not your proposed name is already taken. A Company's trademarked name and logo is its intellectual property. If, in your search, you find trademarks very similar to your proposed name and they are even in the same industry, you might want to consider a different name from the get-go. Otherwise, you may find yourself spending money to file it, then having to drop it and file a new name because you were infringing on somebody's trademarked name. Companies who own trademarks can subscribe to a "trademark watch" service that provides them with reports of similar names in the process of being trademarked. Therefore, if your name is too similar, these companies will know about your trademark registration, and you could receive a letter from their attorney that your proposed name is infringing upon their trademark. However, if your proposed name is the only name you desire, and you feel it is different enough from any other trademarked names, you can take it through the procedure of dialogue between attorneys to determine whether or not you might have a legal battle. Your attorney or agent will be your best counsel on this. A trademark search usually costs in the range of $200.00. Patent and Trademark Depository Libraries There are about 80 Patent and Trademark Depository Libraries throughout the United States - at least one per state. If you don't have a Patent and Trademark Depository library near you or in your state, you might want to consider taking a business trip to the nearest one if it's within your budget and you have the time. By going there physically, you will have the direct assistance of the qualified department staff to help you with any questions or problems you may have. You can estimate at least one good full day's work at the depository library. Copyright searches, as well as trademark searches, can be done in these specialized libraries too. The Internet If you're limited on time and money, you can also do a "preliminary patent search" right on the Internet. Even though the U.S. Patent & Trademark Office says, "you can search patents on the web, but you can't do a patent search," doing a preliminary patent search on the web is still a good idea. In the process, you will familiarize you with the terms and general system and be better educated when you go to the Patent and Trademark Depository Library or to a patent attorney or agent. Shopping for Patent Services When you shop for patent attorneys, agents or patent searchers, ask what database they use to conduct their search. Many use a standard computer database, which searches for all patents issued after 1965; because, believe it or not, earlier patents are not yet computerized. Patent and Trademark Depository Libraries also have access to the computer database (sometimes they charge a nominal fee of $25-50) so you can do a manual and computerized search at the same time. Most patent attorneys also do patent and trademark searches. However, there are also independent research companies that specialize in patent or trademark searches, and other aspects such as a trademark watch service -- a service that sends you a list of any new trademark or patent applications similar to yours, once you have a trademark or patent. Average rates for patent searches are about $500, and possibly more if it's done more thoroughly than just through a computer search. If you check firms located in Arlington, VA or Washington D.C., they usually do their searches with the original patent records located at the United States Patent and Trademark and Office, which could be a more complete search. As with any service, we recommend that you call to request at brochures be mailed to you first, and ask lots of questions about how they do the search and what databases and sources they use. Then start laying out your information so you can compare all of the services at a glance. Avoid the Pitfalls As you research patent search companies, be aware that you might end up contacting what are known in the industry as "invention scam operations." These companies will offer to not only do the patent search, but also do an evaluation, file the patent, market the product, get it licensed, and basically offer to do it ALL for their clients (for escalating fees, of course.). The only way to distinguish between companies is to gather information first, then determine whether the company's mode of operation fits the pattern of these types of operations. Link to scam list. Return to Table of Contents for this guide | Return to index of all guides | Return to the top of this page ALABAMA ALASKA ARIZONA ARKANSAS CALIFORNIA COLORADO CONNECTICUT DELAWARE DISTRICT OF COLUMBIA FLORIDA GEORGIA HAWAII IDAHO ILLINOIS INDIANA IOWA KANSAS KENTUCKY LOUISIANA MAINE MARYLAND MASSACHUSETTS MICHIGAN MINNESOTA MISSISSIPPI MISSOURI MONTANA NEBRASKA NEVADA NEW HAMPSHIRE NEW JERSEY NEW MEXICO NEW YORK NORTH CAROLINA NORTH DAKOTA OHIO OKLAHOMA OREGON PENNSYLVANIA RHODE ISLAND SOUTH CAROLINA SOUTH DAKOTA TENNESSEE TEXAS UTAH VERMONT VIRGINIA WASHINGTON WASHINGTON D.C. WEST VIRGINA WISCONSIN WYOMING SPECIAL NOTICE TO ENTREPRENEURS OUTSIDE THE UNITED STATES It is our understanding that a number of countries have established venture clubs/groups in various cities around the world. If you are aware of any entrepreneurial assistance organizations, we would appreciate your forwarding the contact information to us via our contact page , and "THANKS." CANADA ISRAEL MEXICO TAIWAN |
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