How to Check for a Patent

In the United States, a patent is issued by the United States Patent and Trademark Office, for the purpose of granting a property right to the inventor. Patents are sometimes confused with trademarks and copyrights. The difference is a patent is for an invention (such as software), while copyrights and trademarks are for literary works and symbols. In order to not duplicate an invention, you must check with the United States Patent and Trademark Office to see if the patent already exists or one has been filed for approval.

Difficulty: Moderate

Instructions

Things You'll Need:

• Specific Patent Number or Key Terms for the Patent in Mind

How to Check for a Patent

1. Become familiar with the United States Patent and Trademark Office web page, http://www.uspto.gov/, and its instructions for "How to Search." This page has multiple resources on how to search the patent database. To start your search, choose "SEARCH patents now."

2. Start with a quick search of issued patents. Here you will narrow your search with two key terms. You can also choose to look for patents from 1976 till the present, or search the full database (1790 to present). Quick searches normally yield a high number of results, but if you only have a vague idea of the patent you are searching for, the quick search is a good way to begin your research. The important thing is to think of descriptive key terms that help identify the patent.

3. Use the advanced search tool once you have a better idea of how the patent database is designed and what you are looking for. The advanced search allows you to enter a query rather than just key terms. If you have a good idea of what patent you are looking for but don't know the patent number, the advanced search will help you narrow the results and save you time.

4. Once you have found the patent you are interested in, write down the seven-digit ID on the right side of the screen. This is the patent number. Some numbers may start with a letter or two for classification purposes. In the future you will be able to bypass the quick and advanced searches and go directly to this patent by entering the number in the "Patent Number Search."

5. Check for patents in the application process. You can do a quick, advanced, or patent number search under patent applications. It is important not to skip this step. Otherwise, you risk missing a patent that, although not yet issued, may be approved in the near future. If you find a patent application, write down its publication number (listed on the right side of the screen) to track its progress.

Tips & Warnings

• You can track a patent status through the same website. Instead of clicking on "SEARCH patents now," click on "TRACK patent status" and follow the directions. It is important to track the status to see the length and progression of an application process and to be aware if an application of interest has been issued a patent or not.
• Although talking to an attorney seems like a good idea, you should always do the Internet search first before taking any other steps. An attorney can be very expensive and will usually do the same type of search that you can do on your own. Patent lawyers have experience researching and writing patents, and they may find patents that you may have missed, but they are much more useful if you are planning to apply for a patent.

References

• United States Patent and Trademark Office
• United States Patent and Trademark Office - Patent FAQs

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