How to Know if You're Infringing on a Patent

Researching existing patents will tell you if you are potentially duplicating an existing invention.

A patent is a legal intellectual property right for which inventors can apply through the United States Patent and Trademark Office (USPTO). A patent protects an inventor and his invention from replication, use and sale by others. To ensure you are not infringing on an existing patent, it is advisable to conduct a patent search through the USPTO. Information on existing patents, as well as patent applications being processed, is available through online government databases.

Instructions

1. Make a list of potential key words that might be used to describe the invention, its use or purpose. Visit the online portal of the Index to the U.S. Patent Classification System and consider the different categories an existing patent might be listed under. This preliminary research will be beneficial when you begin your search.

2. Visit the USPTO online tutorial, “How to Conduct a Preliminary U.S. Patent Search -- A Step-by-Step Guide.” This 36-minute video presentation provides detailed information about different ways to search for existing patented inventions. The database is cross-referenced in such a way that you can search by invention description, inventor name, keyword, classification and industry.

3. Visit a branch of the U.S. Patent and Trademark Depository Library. Library experts are available to assist in patent research and can provide public access to documentation regarding existing patents.

4. Visit the USTPO’s online Patent Full-Text Database, which allows you to conduct searches of patents that have been applied for and are currently under evaluation.

Tips & Warnings

• While the USTPO has more than 20 years of patent history in its databases, it cautions would-be inventors that its search methodology provides only preliminary information. It advises consulting a patent or intellectual property rights attorney about conducting a fully detailed search, particularly if you are planning to seek a patent of your own.

• There are three different types of patents to be aware of. Design patents are issued for original creations or inventions; utility patents are issued for the invention or discovery of new processes or manufacturing approaches; and plant patents are issued for individuals who reproduce, discover or invent a unique plant species.

• Infringing on a patent that belongs to someone else, even if you are unaware of its existence, can result in costly legal implications. In addition to potential litigation defense costs, you may also be required to pay the patent holder for any income you derived from the infringement on her patent.

References

• United States Patent and Trademark Office: Patents
• United States Patent and Trademark Office: How Do I Know if My Invention Is Patentable?
• United States Patent and Trademark Office: How to Conduct a Preliminary U.S. Patent Search -- A Step-by-Step Guide
• United States Patent and Trademark Office: Patent Full-Text Database
• United States Patent and Trademark Office: Seven Step Strategy
• United States Patent and Trademark Office: PTRC Library List
• United States Patent and Trademark Office: Index to the United States Patent Classification System