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Any product, process or concept that has been previously sold in the marketplace or previously disclosed in trade journals, etc. will invalidate a patent. Make certain your invention does not already exist or has not been anticipated by experts in the field.
There are two important reasons to get a patentability opinion from a qualified patent attorney. First, if you're not an expert at interpreting patent claims the scope of your invention may be limited. Second, a patentability opinion is a powerful tool that can used to attract partners, licensees, financiers and so on.
The only way to verify if an invention is novel and unique is by doing a thorough search of patents and prior art. The scope of a patent and the viability of your invention depends on it.
How to patent search
Do your own preliminary patent search. Most novice inventors use the archaic US Patent Office (PTO) database and waste hours upon hours doing an inadequate search. Sorry about that!
FPTP members: Use the one-click IPSearchLink or Patent Hunter software (it's FREE for member). You'll save hours of valuable time and conduct a far more accurate, worldwide search (130 countries). Use the Quick Start Guide and FREE Patent Search Handbook to cut to the chase.
Regardless of the means...here's the basic procedure:
Just remember, there is no exact science to searching. Take your time and gain experience.
Other search considerations:
How to use similar patents to broaden patent scope Sometimes patents are found that appear to be similar to your invention. Before punting the ball, check out these important factors that may actually broaden the scope of your invention...(more) |
Patent Hunter is FREE for members. Or, it costs only $99 which includes a FREE patentability opinion. Get started risk free.
Please contact us if you would like help with patent searching. Check out our legal support.





