HOW TO APPLY FOR PATENTS Part II

PATENT SEARCHES

Before proceeding with the patent application for any new invention, first you need to have a search conducted in the Patent Office to determine if your idea is in fact new or unique.

By conducting a patent search you will determine:

Is my product, in fact, new, novel or unique?
Has my product been previously patented?
Is my idea merely an improvement on an existing patented invention?
What possible changes or enhancements could I make to my product to make it more patentable?
Should I proceed with a patent application for my invention?
Alternatively, should I approach the owner of the patent to negotiate a license agreement or possibly negotiate a purchase of the patent?

This type of initial patentability search is usually completed in approximately two weeks and involves a very exhaustive and thorough search in the relevant section of the US Patent Office which deals with the same type of invention that you have created.

When your initial patentability search has been completed, you will likely find that your idea is somewhat similar to other ideas which have been previously patented. This should not discourage you, since most patents which are approved and granted involve improvements on existing ideas and not inventions which are the first of their kind. The results of the patent search can enable you to see what has come before you and what types of ideas have been approved previously. This will enable you to make changes to your invention which will enhance the novelty or uniqueness of your invention and make it more likely to be granted patent protection.

You may also wish to approach the owner of a patent which is quite similar to yours and inquire about the possibility of a licensing agreement or buying the patent from that owner.

Acquiring a license from the owner involves discussions with the owner to enable you to lawfully use the idea which will usually require you to pay some form of compensation to the owner for using the patent (usually called a royalty). Royalties can be calculated based on a certain monetary value per unit sold or a percentage of the wholesale price of the unit.

Purchasing a patent involves purchasing the rights owned by the patent owner for the remaining term of the patent. A patent which has only two or three years left until it expires would have much less value than a patent which might have eighteen or nineteen years left until it expires. Purchasing a patent also involves stepping into the shoes of the patent owner (by purchasing the patent, you would take over the manufacturing or licensing agreements with other companies or individuals), in this case, you would be entitled to receive any royalties which were previously payable to the owner of the patent.

In the next issue we’ll get into if you can conduct your own patent searches.