“Has my invention already been invented?”
This is the usual question asked by prospective patent applicants, and it is certainly a reasonable question to ask. During examination of a patent application filed with the U.S. Patent & Trademark Office (”USPTO”), the USPTO will perform a search in an effort to discover one or more references which may anticipate or otherwise suggest a claimed invention, thereby rendering the invention unpatentable. The determination of patentability is a question of law, and as such an attorney experienced with patent matters is best suited to provide an opinion regarding whether an invention may be patentable. Similarly, performing a search of documents relevant to the patentability of an invention is a meticulous task which benefits from the expertise of a professional.
Regardless, it is never a bad idea for an inventor or others with interest in an invention to perform an initial search to discover what may have preceded the invention. At the very least, having a few reference documents provides a starting point for discussions with a patent attorney.
The U.S. Patent & Trademark Office website includes free search tools for accessing text and images of U.S. Patents and Patent Application Publications patft.uspto.gov. Using these tools requires time to familiarize oneself with patent terminology and search methods particular to the USPTO. A skilled searcher may perform a thorough search of U.S. Patents and Patent Application Publications with the tools provided on the USPTO website.
Another free tool for searching U.S. Patents and Patent Application Publications is GoogleTM Patents at www.google.com/patents. The interface is similar to that of the GoogleTM main site and does not require extensive familiarization to perform a search. However, it appears that it may be difficult to perform a thorough search using the GoogleTM search tool. The website www.freepatentsonline.com also provides a relatively user friendly interface for searching U.S. Patents and Patent Application Publications, as well as European and International patent documents. With any third party non-governmental search tool, a user should be cautious as there is no guarantee that such tool provides access to complete or current document databases.
Finding a patent or other document disclosing a system, device or method related or similar to a particular invention does not necessarily mean the particular invention is not patentable. As indicated above, patentability is a question of law and is subject to legal interpretation. On the other hand, failing to discover any document disclosing a related or similar system, device or method will not guarantee a determination of patentability by the U.S. Patent & Trademark Office. Regardless, taking time to educate oneself about existing technology is an important first step in securing protection for your invention.