Patent Search

Single phase patent search

Search of US Patent and Trademark database plus the European Patent Office database: $150.00

Search of trade magazines, trade shows, industrial registries and other industry specific product directories and seminar programs: $350.00.

Why do a patent search?

As of March 16th, 2013 the US patent system has switched to a first to file system rather than a first to invent system.  So you need to check to see if there are any previously filed patents related to your idea that may impact on your ability to get a patent. The patent law changes also changed what is considered prior art. Prior art is any piece of information that has been disclosed to the public in anyway about similar inventions before the date of your patent application. Prior art includes: patents related to your invention; any published articles about similar inventions; seminar presentations; offers to sell similar products and any public demonstrations. Now any similar product produced, used or published anywhere in the world is considered prior art and that information can be used to disqualify your application.  Since the cost of patent applications preparation and patent office fees can start at about $4,000 and can go much higher it makes sense to do a patent search first.  A patent search can also help the person preparing your patent to state your claims in a way that will allow you claims even in light of other patents and prior art.  Without information from a patent search, you may need to amend your patent later which will typically cost $2,000 or much more.

Will a patent search uncover all prior art?

Unfortunately no.  Patent applications are not published for 18 months so someone may have an application on file that won’t be revealed in a search. Also the stipulation that prior art includes the use, publication, offer for sale or disclosure anywhere in the world means that some uses of your product may not be uncovered in a patent search.  Nevertheless, the patent search is still a valuable tool, and in most cases will give you a good idea if your product has a strong chance of obtaining a patent.

To request a patent search, please contact us at info@patentsbydondebelak.com.