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Patent Searching Before You Hire a Patent Attorney

25 + Tips focused on Google Patents as the primary search tool so professional patent search experience is not required

1. Google Patents is the easiest search tool, and perhaps the best

If you can do a Google search you can use Google patents. You don’t need to know anything about Boolean searching and you don’t need to know much of anything about patent law. Type in a few key terms and see if your invention is new. Print the document or write down fully identifiable information for the most relevant document your find. (Example: US Pat. No. 1,234,567)

The first step of patent searching:

2. Write out a feature list:

Text searching is the most common form of patent searching. In order to make the most of text searching, you should work from a feature list. Then you can search combinations of features using tools like Google patents. Write down terms and phrases that are important to your invention.

driver's seat, seat warmer, headrest, electric motor, tilting headrest

Zero in on a phrase using quotes like below, but be careful. Using quotes removes all documents without the exact quote.

driver's seat, seat warmer, headrest, "electric motor" tilting headrest

3. Use synonyms:

Use synonyms to broaden the scope of your patent search. The google patents advanced search features can allow you to use the synonyms in a single search.

In a simple Google Patents search:

car motor
automobile engine

After clicking advanced search at the bottom of the google patents search page …

… you can search like this:

Google Patent Synonym Searching

4. Patent searching isn’t just about patents:

In a patent application, an examiner can use books, articles, websites and just about anything else that is available to the public to reject a patent application. When you look to see if your invention is new, think broadly about where someone else might have disclosed your invention. Make notes of the most relevant things you find whether they are patents or not. NOTE OF CAUTION: Your own disclosures of your invention can be used against your in the US and abroad when applying for a patent. A Baton Rouge patent attorney can help you understand how to best protect against your own disclosures.

Getting Deeper into Patent Searching

5. Broaden your search terms and narrow your search terms:

If your invention uses a screw, think broadly and think narrowly to find new related search terms. You should probably search for fasteners generally and for the particular type of screw that you need.

screw, fastener, Philips screw

6. Search for substitutes:

If you are searching for a screw as an invention feature, ask yourself “could a nail work?” If the answer is yes, search for a nail.

screw, nail

7. Critical Features

If omitting a part or feature would cause your invention not to work, then that feature might be a critical feature. Brainstorm every feature that meets these criteria and put them on the feature list. Identifying critical features often gets to the heart of what an really invention is. If you hire a Louisiana patent attorney this concept may be explored with some considerable additional depth.

When You Find a Document that is Really Close to Your Invention:

8. Tell Google to “Find Prior Art”

When you find an old patent or other document that is particularly relevant, it makes sense to find out if there are other similar documents that may be even more relevant. WARNING: This is a date sensitive search that looks for similar patent and relevant references that are older than the reference you are searching from. Just click the “Find Prior Art” button to see a new list of similar documents. A Baton Rouge patent attorney can help you determine what references may be prior art to your invention. (Something that is more relevant after you have a patent application filing date) It is important to understand that this search feature is generally not keyed to the relevant date for your invention unless you manually set the relevant date.

9. Tell Google to Look for “Similar” applications.

Again, if you have found a good relevant document, use that document to find more documents. Click “Similar” and you will find many similar patents and applications. This is different than “Find Prior Art” because it is not date sensitive.

10. Backward search the most relevant reference:

Backward searching is checking the references that were cited in the application. If a patent examiner thought something was relevant, you might want to look into it also. In Google patents you can click on the “Patent citations” for patent documents and the “Non-Patent citations” link for non-patent literature.

11. Forward search the most relevant reference:

A patent examiner working on a later patent application may cite an earlier patent application. Find the earlier applications by clicking “cited by” in Google Patents.

12. Use patent classifications to your advantage

The Patent Office keeps really similar documents in groups called classifications. Use this to your advantage when you find something really close to what you are looking for. In Google Patents you might see a box like the following:

Without knowing anything about patent classification, you can narrow your search a little, a lot, or a whole lot. Google is offering to let you narrow by a whole lot by clicking the “B60R21/207” link in blue. (see image above) The text after the link is a description of what type of narrowing you will get by clicking the link. But you two more options for narrowing your search. One is obvious: Click “View 12 more classifications” and you will get other options for similar very narrow searches. However, If you click on the descriptive text, i.e. “Arrangements for storing…” you will get broad and narrow classification options.

You may want to choose something from that list which starts with a very broad classification group and descends to a very narrow list. No matter what you select you will be narrowing your results. The question is how much.

If you find a useful classification you can use it in your searches by typing in “CPC:” then the classification.

backrest CPC:B60R
backrest CPC:B60R21
backrest CPC:B60R21/207

Don’t get stuck in the weeds! Classification searches can be helpful, but they should only be a small part of your total searching.

More Advanced Patent Search Techniques

13. Search your competitors

assignee:"Haliburton"

14. Patents can have families, look for them

Technologies evolve and so do inventions. Inventors sometimes add new features and related applications. You can quickly find the related applications by clicking on the “Global Dossier” link.

That link will take you to the USPTO Global Dossier page which displays the family of patent applications. If you then click on “App. Date” you can sort the applications by filing date. That allows you to quickly see where the patent application family originated and the countries where applications were filed. Note: this is likely not a complete data set, but it is very comprehensive for the price of free.

15. Focus on the differences

If the closest reference you have found is missing a few features, try searching for different combinations of the missing features. You may find a reference that is closer than what you thought was best.

Continue reading “Patent Searching Before You Hire a Patent Attorney”

Google Patents Glossary

“About” Link – Located at the bottom of the Google patents homepage, Links to the Google Patents overview page describing search rules.

Abstract Search – Searches the abstract of documents using the characters “AB=”. (Did not seem to be working properly at the time of writing)

ADJ/x Operator – Search operator that favors results with terms that are within x words of one another and in the order specified.

Continue reading “Google Patents Glossary”

What Do Patent Attorneys Do?/Why Hire A Patent Attorney?

  1. Avoiding A Loss of Potential Patent Rights: Patent Attorneys help clients and potential clients understand what steps are needed to seek patent rights and how urgently those steps must be taken to preserve patent rights. Not knowing about such deadlines can cause a total loss of potential patent rights.
  2. Search Patents to Find Out If Your Invention Is New: Inventors can patent search on their own, but attorney and third-party searches can improve your understanding about what is new. Patent attorneys can help you understand the meaning of the search results.
  3. File A Provisional Patent Application: A provisional application can be a good get-your-foot-in-the-door-application. They tend to be cheaper and generally do not meet all the stringent requirements of the more formal non-provisional application. There are risks associated with provisional applications, so it is important to understand those risks before proceeding with this type of application.
  4. File A Non-Provisional Patent Application: Non-Provisional patent applications are what most people think of when they think of US patent applications. These applications are the full applications that include claims and that are examined by a patent examiner.  Non-Provisional patent applications can be issued as patents.
  5. Patent Infringement Analysis: Clients ask for infringement analysis when they think that someone may be infringing one of their patents or when they are afraid that they may be infringing someone else’s patent. Because people regularly misjudge what patents cover, a clarification may be as simple as a 15-minute conversation.
  6. Patent Infringement Opinions: Sometimes infringement decisions are close and quick analysis will not suffice. In these cases, a formal opinion may be used to help make important decisions like whether to launch a product or whether to sue a competitor.
  7. Assignments: Assignments can be used to transfer the ownership of patents. Patent Attorneys help individuals and companies handle ownership issues relating to patents.
  8. Corporate Patent Decisions: Corporate entities are often used to protect business’ assets. Patent attorneys can assist with decisions relating to patents and business structures. They can guide clients through questions like, “Should I assign my patent to my LLC?”
  9. Clearance Work: Patent attorneys help clients determine if they may safely produce a product or practice a method. This commonly involves searching for problematic patents followed by an evaluation by the patent attorney.
  10. Evaluate Who Owns an Invention: Patent attorneys evaluate who the inventors may be for an invention and they also evaluate claims of ownership.
  11. License an Invention: Patent attorneys help with license negotiations and drafting patent license agreements.
  12. Sell a Patent: Patent attorneys help inventors and companies with patent sales.  
  13. Approaching Potential Infringers: Because approaching an infringer can have legal consequences, patent attorneys can assist with the correct method and timing for approaching potential infringers.
  14. Taking Over A Patent Application: Clients change patent attorneys and sometimes clients start patent applications without legal assistance. Patent attorneys do take over patent cases of other patent attorneys and from unrepresented inventors. However, potential clients should be aware that the original application may create significant limitations and challenges.
  15. Cease and Desist Letters: Patent attorneys issue and receive cease and desist letters. Such letters can range from enormously consequential to trivial. It is important to quickly determine if these letters represent a large threat to your business.
  16. Analyze the Field: There are a variety of reasons businesses may want to know the general state of patents in a particular field.
  17. Patent Litigation: Patent attorneys are commonly engaged in patent litigation and in pre-litigation counseling. Avoiding or initiating patent litigation can be a business-critical decision, so good advice is paramount in these situations.
  18. Have an Initial Consultation: Getting the appropriate guidance for these patent activities and many more activities starts with an initial consultation. John offers free initial phone consultations and reduced rate in person consultations.

(225) 302-8559 | john@edelpatents.com

How to find a Baton Rouge Patent Attorney:

A local attorney can make all the difference.

Baton Rouge?

Baton Rouge is actually a good place to look for a patent lawyer for a few reasons:

  • Baton Rouge has a diverse and qualified group of attorneys.
  • Baton Rouge is one of the more economical cities in the region if you are looking for patent services.
Continue reading “How to find a Baton Rouge Patent Attorney:”

Where to Patent Search

The patent search tool you use depends on why your are searching.

Google Patent Search

For a quick search or for the novice searcher, Google Patents may be the best tool on the web. The search engine accepts natural language search queries and can deliver quality relevant results quickly with a user experience that is like the Google web searches. 

Google Patent Search

While Google’s patent search in many respects is not as powerful as traditional Boolean search tools, it more than makes up for that disadvantage by being very easy to use and because it ranks results by relevance.  Ranking results is extremely important to the novice searcher who is less familiar with techniques that narrow the number of results to a manageable list.

US Patent Database

Link to USPTO Patent full text searcch

While limited to issued US patents, the USPTO Patent Search is a powerful Boolean search tool. This may be an advantage in many situations as it allows for the search of individual sections of patents and combinations using AND/OR type operators. However, if you aren’t taking advantage of the extra power offered by such limitations, the USPTO patent search may not be the best option.

USPTO Application Search

The USPTO Patent Application search is the same type of search as the USPTO patent search, but it covers published patent applications.

Other Search Tools

Professional Searches

For a Louisiana inventor those search options are a great start. After doing some initial searching, a Louisiana patent attorney may be able to help you get a professional search which may be an in house search or a third party professional search.

By John Edel
Baton Rouge Patent Attorney

Don’t forget a business plan while seeking patent protection

1611-business-patent-successMost inventors hope to either actively participate in the commercialization of their invention or license the invention so they may receive a royalty for such commercialization efforts. Working with a patent attorney to seek patent protection is only a portion of the typical patent based business. Continue reading “Don’t forget a business plan while seeking patent protection”

Are you eligible for reduced patent fees?

Patent Fee Eligibility Chart

Eligibility for reduced fees should be assessed in light of the specific regulations that govern that eligibility. Although eligibility requirements depend on a number of factors, many of which are not covered in this post, the figure above illustrates some of the key concepts that govern eligibility for small entity status and micro entity status at the United States Patent and Trademark Office.

Continue reading “Are you eligible for reduced patent fees?”

Don’t Launch a Kickstarter Patent Problem

Kickstarter.com, Indiegogo.com and other crowdfunding sites have revolutionized the way that some businesses start up and raise capital. However, when new technology is involved, it is best to look before you leap. In a first-to-file patent system there is a danger that winning the race to raise capital could lead to losing the race to the Patent Office.

Continue reading “Don’t Launch a Kickstarter Patent Problem”