How to Research Existing Patents by Yourself Without an Attorney
You can protect your inventions by filing for a patent. However, you are not permitted to file a patent for an invention if there is already a patent filed for another invention that is substantially similar. Before filing a patent application, intellectual property attorneys run a search to look for similar patents that have already been filed. However, this is a process you can do yourself. While the assistance of an attorney is useful, the initial research can be done at home before you spend an extensive amount of time working on your invention and patent application.
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Instructions
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Access the United States Patent and Trademark Office (USPTO) Web Patent Database (see Resources). This is the only database that maintains a current list of all patents currently registered in the United States.
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Click on the "Advanced Search" link under the blue "Issued Patents" heading.
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Enter any key terms that relate to your patent in the Query box. Use the word "AND" in all capital letters to specify that the database search should only yield results that contain all of the search terms. Enclose multiple-word key terms in quotation marks.
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Choose "All Years" from the Select Years drop down menu. Click the Search button.
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Click on the title of any patent that seems similar to your own invention. This will open another window that contains a more detailed description of the patent.
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Read the sections labeled Abstract and Claims for more information about that specific patent. Note that even if a patent sounds dissimilar in the abstract, it is the details in the claims section that form the bulk of the patent.
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Click the Images button at the top of the patent's window to see drawings and schematics that outline the invention.
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Refine your search by changing the search terms and clicking the Refine Search button. Your search may yield other key words or terms that relate to your invention and necessitate searching. Run several searches using different combinations of key terms.
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Tips & Warnings
You can narrow the scope of your search using field codes in your search query. For instance, typing "TTL/" before your search query will limit the search to only titles of patents. For example, "TTL/shoe" will search for the word shoe as it appears only in the titles of patents. Clicking the help button next to the Query box will yield all of the field codes and search operators used by the USPTO.
Just because you could not find a patent similar to your own does not mean that one does not exist. An experienced trademark attorney will be better equipped to run a patent search. Doing your own research should only be considered a starting point.
