Patent Search

The purpose of a patent search is to determine whether an invention is novel and inventive. The novelty requirement means that the invention must be physically different from other inventions found throughout the world. So long as there is at least some minor variation from one invention to another conceived and reduced to practice around the world, an invention is considered novel. Generally, the novelty requirement is easy to meet. Whether or not an invention is novel and possibly patentable depends on whether the invention is also non-obvious.

The main collection of information regarding what has been conceived and reduced to practice are the records of patents issued by the United States Patent and Trademark Office which are available via the USPTO free patent search service. Every patent issued from the U.S. Patent and Trademark Office is indexed in the Classification System which is divided into Classes and subclasses. For every patent issued, a primary Class and subclass number is assigned and one or more secondary Classes and subclasses are also assigned. When a patent search is conducted, the first step is to identify the relevant primary and secondary Class and subclass numbers of an invention. Once the primary and secondary Class and subclass numbers are determined by reviewing each individual patent in the results of the patent search - it can then be determined whether the invention is novel.

To conduct a preliminary patent search, it is recommended that you first determine the relevant Class and subclass of the invention. This can be done by visiting the U.S. Patent and Trademark Office Classification web page. To generate a list of patents assigned to a particular Class and subclass number, visit the U.S. Patent and Trademark Office or Espacenet. If, after conducting a preliminary patent search, the invention appears to be novel, it may be useful to contact us to review your preliminary patent search results.

Patent Defined

A patent is a document that grants to an inventor the legally enforceable right to exclude others from making, selling, distributing or using an invention in the U.S. territory. Congress allows this exclusive right, often considered a limited monopoly, to encourage the public disclosure of technical information and as an incentive for investing in their commercialization. Like other forms of property, the rights granted in the patent can be inherited, sold, rented, mortgaged and even taxed. When a patent expires or is held invalid, this exclusive right ceases. Congress has specified that a patent will be granted if the inventor files a timely application which adequately describes a novel and useful process, machine, manufacture or composition of matter, or any new and useful improvement thereof.

Patent Novel and Inventive

In order for an invention to be "novel", the invention must not be previously known or used by others in this country or patented or published anywhere in the world before the inventor's actual date of invention. The second requirement, useful, means that the invention must actually work or perform the intended purpose. If the invention is novel, it must also be considered "inventive" or "non-obvious". This means that the differences between the invention and the prior public knowledge in its technical field must be such that a person having ordinary skill in this field would not have found the invention obvious at the time it was made.