How to Research for a Patent
Patent research is a tedious but important part of the patent process. Infringing on a patent can result in a lawsuit, so you need to make sure your idea isn't already taken. Here are the steps you can take to research for a patent.
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Instructions
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Patent Research Tips
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1
Write the details of your patent project including keywords that describe or define your creation.
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2
Visit the United States Patent and Trademark Office (USPTO) in person or online. You can go to the main USPTO in Alexandria, Va., or one of the USPTO libraries located throughout the United States. If you can't make it in person, you can visit USPTO.gov.
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3
Search the keywords that you listed in step 1 that describe or define your project. Make or print copies of patents that are similar to your idea and note the patent numbers.
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4
Do a prior art search. Use the the patent numbers found in step 3 to learn more about patents that are similar to your idea. Write down the classification numbers of the patents that are most like your idea.
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5
Search for patents using the classification numbers found in step 4. This should lead to additional patents that were missed in the keyword search.
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6
Do a mixed search using keywords and classification numbers. This will give fewer results, but it should provide patents that are most similar to your idea.
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7
Do a search of patent applications. Your specific idea may not yet be patented, but a patent may be forthcoming. Searching patent applications will determine if there are any patent applications that are pending that are similar to your creation.
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Tips & Warnings
If you're visiting the USPTO or one of its libraries, you can get help from the staff. Or you can call 800-786-9199 to get help by phone.
If you don't find any similar patents, then you're probably not searching correctly. According to the U.S. Patent and Trademark Office, there are nearly 7 million patents, most of which are never taken to market. So the odds are there is already a patent that embodies your idea. However, that doesn't mean your project isn't worthy of a patent. It just means you need to know what patents are already similar to yours and how yours differs, for the purposes of your patent application.
