How to Know if a Product Is Patented
Each year, the U.S. Patent and Trademark Office (USPTO) receives thousands of patent applications. Patenting your product can protect it from others who might want to profit from your work, and lets customers know that you are serious about the quality and integrity of you design. A patent can be obtained based on product utility, design or plant life. To find out whether or not your product idea has already been patented you can utilize one of the USPTOs many search resources.
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Instructions
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Research the USPTO's online patent database. The database includes full-text records for patents issued from 1976 to the present, and TIFF images for all patents filed since 1790. This resource allows you to find out if a patent has been granted or submitted for approval.
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Review the Patent Official Gazette. This electronic newsletter is free to use and is updated each week with a comprehensive list of all patents issued during the previous week. Patents can be searched by classification (i.e. utility, design, plant).
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Visit your local Patent and Trademark Depository Library (PTDL). Located in major cities throughout the country, these libraries maintain local search resources and in some areas even offer training in patent search techniques.
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Research international patent office listings. Intellectual property laws between the United States, Canada, Mexico and Europe tend to overlap and share certain registrations, although classifications may vary. Finding information about a patent outside of these areas however, may be difficult as other countries may have limited intellectual property laws.
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Visit the USPTO Public Search Facility. In most cases this step is not required, as the information you are looking for will be locatable through one of the previous steps. If you do choose to visit the USPTO, trained staff can assist you in your search and provide you access to patent information online, in microfilm format and print.
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Tips & Warnings
Knowing the classification of the patent you are looking for makes your search easier.
Information from non-USPTO sources may or may not be reliable.
References
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