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Patent Search

Written by: Kaviraj Singh

Article Overview: All the types of patent searches are the same in the sense that searchers are trying to find closely related documents. However, to make it effective, the ways and approach must be different from each other according to the aims of search.

Patent Search

All the types of patent searches are the same in the sense that searchers are trying to find closely related documents. However, to make it effective, the ways and approach must be different from each other according to the aims of search. The basic purpose of various types of patent search is described herein-below:

• researchers can easily understand the state-of-the-art technology and so minimize researching time;
• product developers can be free from anticipated infringement suits;
• inventors can modify their ideas to be suitable for the patentability criteria;
• tentative applicants can determine whether they will apply or will save application fee;
• examiners can determine patentability of applications; and
• patentees can assess the strength of their patents.

Patentability Searches

Patentability search is most common type of search and its objective is to determine whether a specific invention is (1) within the scope of patentable subject matter, (2) useful, (3) novel, and (4) unobvious. It is done prior to submitting a patent application. The purpose of this type of search is to determine whether there are any previous patents (prior art) that might prevent the searcher from patenting the idea. Another benefit is that the search may also turn up prior art that might be useful in invention and preparing the application.

Bibliographic Searches

This type of search is to find out what was covered by a specific patent number or to find out what patents a particular inventor has to his or her credit. Bibliographic searches can be done as a part of historical, biographical, archaeological, or product research.

State-of-the-Art Searches

Any search designed to give an overview of prior art (technology) in a specific area is called a state-of-the-art search. It is basically an information gathering approach and can be as extensive or cursory as needed. This type of search is done to solve a specific problem, find technology to license, determine what the competition is up to, and for other similar purposes. For example, a manufacturer might conduct a state-of-the-art search to determine what has previously been done, to determine if an area has been overlooked, or to determine if it had had a lot of patenting activity.

Infringement Searches

An infringement search is used to determine if proposed activity might infringe on or be covered by unexpired patens. This type of search is concerned only with the claims of unexpired patents. As a legal issue that can be adjudicated in the courts, infringement would be pursued by a patent attorney. Only the Patent and Trademark Office in Washington has the complete record of all office actions as they relate to an individual patent. This complete record is referred to as the file wrapper; it contains copies of correspondence between the office and the inventor, information on classification developed during examination, index of the claims, field of search, and search notes. These search notes can be extremely useful since they can contain references not printed resulting patent, including notes of any consultations with other examiners and results of library and literature searches. This information completes the application file and records areas or documents considered by the examiner. For these reasons infringement searches are rarely done in a patent depository library.

Validity Searches

Validity searches are generally undertaken by companies or individuals trying to determine if is possible to invalidate another's patent. The searcher is looking for issued patents or printed publications that anticipate or make obvious another issued patent. The searcher could also be looking for earlier public knowledge on user of the invention, technical errors, fraud, or anything that would cause the patent to be declared invalid. As a result, a validity search is done to determine if an unexpired patent is valid and enforceable.

Novelty Search

The purpose of novelty search is to determine whether there are any previous patents or printed publication (prior arts) that might prevent the searchers from patenting his idea. Under given specific purpose, novelty searcher tries to find most closely related patents or printed publication. On the other hand, state-of-the-art searcher tries to find most recently developed technology. Naturally he must search many science or technology journals.

Compared with infringement search, novelty search may not permit much time or money on it. If the invention were known as to be breakthrough, pioneer, he may invest more time and money, but, in normal situation, novelty searcher must restrict the scope of the search. In some cases, novelty search will not be performed because of economical limitation.

Normally, novelty search is performed through free sources, such as USPTO shoe boxes, state library, or free web sites. If the invention is considered a "big one", search may exceptionally be performed through commercial online databases or CD-ROMs.

Continuing Searches

A continuing search is nothing more than a current awareness search of recently issued patents. Generally these searches are of two types: keeping up with patent activity in areas of interest and keeping up with competitor's activities. This can be done online or by scanning the Official Gazette weekly under subclasses of interest. It is very common for companies to scan the OG in just this way.

Assignment Searches

When a patent is assigned to another person or company it is the same as a sale, even though the terminology is just a bit different. For example, the buyer, whether a company or individual, is called the"assignee" and the seller (often the inventor) is called the "assignor." Assignment records of issued patents are public. However, licenses are not recorded in the Patent and Trademark Office. The purpose of this type of search is to determine legal ownership of a patent.

Related Articles
  Do-it-Yourself Patents
  A Patent Search in 7 Steps
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  Let's Make Software Patents "Defensive Only"
  Wikipedia for Patents

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