How to Analyze a Patent Search Report

Qualified patent searchers routinely perform patentability reports on new inventions. If you've hired a patent searcher to determine your invention's market worth, request that he memorialize his findings in a well-documented report. Consider the findings within the report before submitting your patent application to the United States Patent & Trademark Office (USPTO). Follow the steps below to learn how to analyze this report.

Instructions

Difficulty: Moderately Challenging

1. Review the report to ensure that it contains the patent searcher's description of your invention. This indicates the searcher accurately understands the invention. Analyze the description for its accuracy and completeness.
2. Check for a list of patents and references the searcher found during his investigation. Analyze these to determine the uniqueness of your creation in comparison to the references and patents cited.
3. Look for a terse summary of the cited patents and references. Patent searchers usually guide you in identifying the relevant information in these citations.
4. Determine how the report classifies your invention within the federal patent statutes. This helps further support your claims that the invention has uniqueness.
5. Investigate further the invention's novelty. Analyze the patent search report so you can explain your invention's physical distinctions compared to similar products the current market offers.
6. Take the novelty issue further. Question whether the invention's physical uniqueness guarantees unexpected outcomes when using the invention.
7. Find the patent search report's conclusion on the likelihood of the PTO granting your patent application. Follow up in writing with the searcher if the report doubts the invention's patentability.