The Value
of and The Reasons for Conducting a Patent Search
I've found through years
of experience in working with inventors that even if they
don't find the invention in the market, there can be
several reasons for this.
First, the invention may have
been patented before, but for a variety of reasons, either
never made it to market, or was taken off the market.
Second, even if the
invention was not previously patented, there are already one
or more close variations of it that have been patented, such
that it is unlikely the present invention will be able to
pass the "obviousness" standard required of new patents.
The only way to look
at these possibilities is to do a patent search of previously issued
or published applications for patents.
In order to do
the search, a person needs to know how the United States
Patent and Trademark Office stores these records on their
database. It is not as simple as doing a text search
on the database.
The other goal achieved by a
patent search is that if the inventor then submits an
application for registration of patent, the United States
Patent Office requires as a part of any such application
that the applicant disclose the "prior art" patents that are
closest to the subject invention.
Thus, the patent
search will find those prior art patents that are closest to
the application and those patents are then made part of the
disclosure in the application.
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