Completing a worldwide patent search is a sensible first step before drafting and filing a patent application. This is because you will not be able to patent your idea if it has been patented already and just because an idea is not on the market does not ensure it has not been patented.
There are other reasons to complete a patent search as well:
- The search can help to establish what aspects of the idea are truly unique.
- Potential investors or licensors of your idea will expect a professional patent search to have been completed to demonstrate originality of your concept.
- Once completed, the results will help to enable a patent application to be drafted for your idea that does not infringe existing patents found.
- If found to be original, the search results will increase the value and credibility of your idea to industry.
Can I do a patent search myself? You can perform a basic search yourself. Think of appropriate ways to describe your idea and use a patent database to discover similar patents. The UK Patent Office has a good database called 'Espacenet'. Completing this initial patent search may reveal your exact idea, however it is more than likely that you will be uncertain about the implications of the patents you have found. If so, it is best to approach a Chartered Patent Attorney to discuss this.
What about professional patent searches? A good professional search will be far more thorough than any search an untrained individual will be able to conduct. Here are the main reasons to complete a professional patent search:
- Professional searches are carried out by a team of professional patent & design analysts.
- Patent and design analysts have gone through an extensive training program to ensure they are properly experienced in completing patent searches.
- Professional searches include keyword searching, classification class searching, cross referencing and citation checks.
- A combination of commercial databases, that are unavailable to the general public, will be used to return the maximum number of search results.
A professional search should come with written conclusions by a qualified patent attorney, ensuring you have the best professional advice on how to proceed with your patent application in light of the results. Always check this is the case before commissioning a professional patent search.
If similar patents are found, can I proceed with my project? If similar patents arise, it is often possible to develop the concept to ensure that there are patentable elements to your final product. This process should be completed by a product designer who is experienced in developing patentable products to increase your chances of acquiring a granted patent.
Limitations No search can guarantee to find all existing prior art as it is only as good as the databases it relies on. Always ensure a number of different commercial databases are used by a professional analyst to ensure that the maximum number of results is returned.
Patent Search Cost Searching can be completed to different levels depending on your available budget. These options increase the thoroughness of the techniques used but also take more time to complete and therefore cost more. Prices vary from around £250 to £2000, however expect to pay around £700 for a global patent search that fulfils the criteria mentioned above.
Conclusion A worldwide patent search is a prudent first step in achieving a patent on your idea. You can do a brief examination yourself but investors or potential licensors will expect a professional search before committing to back your idea. The search should be conducted by someone trained in patent searching and should come with written conclusions by a Chartered Patent Attorney.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.