A patent search can assist you to find existing patents that are relevant to your particular invention or idea. Both the USPTO and Google provide tools to enable inventors assess the novelty and patentability of their inventions. Both tools have their advantages and should thus be used to perform a patent search before you decide to pursue a patent application.
In this guide, we will show you how to do a patent search using the Patent Public Search tool provided by the USPTO.
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Step 1: Define Your Invention
The first step of doing a patent search is to define your invention and identify the keywords and fields that describe it. This will help you narrow down your search scope and find the most relevant information.
To define your invention, you should ask yourself these questions:
- What is my invention and what problem does it solve?
- What are the main features and components of my invention?
- How does my invention differ from the existing solutions in the market?
- What are the benefits and advantages of my invention?
To identify the keywords and fields that describe your invention, you should think about the words and phrases that a user might search for to find your invention or similar inventions. You should also think about the categories of information that are associated with each patent document, such as title, abstract, inventor name, publication date, etc.
For example, if your invention is a new kind of coffee maker that allows you to control the brewing temperature and time, you might use keywords like “coffee”, “brewing”, “filter”, “temperature”, “timer”, “adjustable”, “customizable”, “programmable”, etc. You might also consider using fields like “Title”, “Abstract”, “Claims”, “Specification”, etc. as these are the necessary headers required in each patent application.
Step 2: Choose a Search Interface
The second step of doing a patent search is to choose a search interface that suits your needs and preferences. The USPTO’s Patent Public Search tool has two user-selectable interfaces: Basic Search and Advanced
Search.
Basic Search is recommended for users who are new to patent searching or who only need to perform a quick lookup. Basic Search allows you to enter keywords in the text box and select one or more fields from the drop-down menu.
Advanced Search is recommended for users who have more experience with patent searching or who need more flexibility and control over their search queries. Advanced Search allows you to enter more complex queries using Boolean operators (AND, OR, NOT), parentheses, wildcards (*), proximity operators (ADJ, NEAR), truncation symbols ($), and field codes.
Step 3: Enter Your Search Query
The third step of doing a patent search is to enter your search query using keywords, fields, operators, and codes. A search query is a combination of words and symbols that specify what kind of information you are looking for.
Depending on which interface you choose, you will have different options for entering your search query:
Basic Search
In Basic Search, you can enter keywords in the text box and select one or more fields from the drop-down menu. Fields are categories of information that are associated with each patent document, such as title, abstract, inventor name, publication date, etc. For example, if you want to find patents that have the word “coffee” in their title, you can enter “coffee” in the text box and select “Title” from the drop-down menu.
You can also use quotation marks to search for exact phrases, such as “coffee maker.”
Advanced Search
In Advanced Search, you can enter more complex queries using Boolean operators (AND, OR, NOT), parentheses, wildcards (*), proximity operators (ADJ, NEAR), truncation symbols ($), and field codes.
For example, if you want to find patents that have the word “coffee” in their title and the word “brewing” in their abstract, you can enter “TTL/coffee AND ABST/brewing” in the text box.
Here are some tips for using Advanced Search:
- Use AND to combine terms that must appear together
- Use OR to combine terms that may appear together
- Use NOT to exclude terms that must not appear
- Use parentheses to group terms and operators
- Use * to replace any number of characters
- Use ? to replace a single character
- Use ADJ to find terms that are adjacent to each other
- Use NEAR to find terms that are within a certain distance of each other
- Use $ to truncate terms that have variable endings
You can find more information and examples on how to use Advanced Search in the USPTO’s help page.
Step 4: Review Your Search Results
The fourth step of doing a patent search is to review your search results and filter and sort them by various criteria. You will see a list of patent documents that match your query. Each document will have a title, an
application number, a publication number, an issue date (for granted patents), an inventor name, an assignee name (if applicable), and a brief summary. You can click on any document to view more details, such as the full text, drawings, claims, citations, etc.
You can also use various filters and sorting options to narrow down or refine your search results. For example, you can filter by publication date range, document type (patent or application), status (granted or pending), classification (US or international), etc. You can also sort by relevance, publication date (newest or oldest), or application number (ascending or descending).
Step 5: Analyze Your Search Results
The fifth step of doing a patent search is to analyze your search results and compare them with your invention. You should pay attention to the following aspects:
- The claims: The claims are the legal statements that define the scope of protection of a patent. They are usually located at the end of the document and are numbered. You should read the claims carefully and compare them with your invention to see if they cover the same features and functions. If they do, you might have a potential infringement issue or a lack of novelty issue.
- The drawings: The drawings are the illustrations that accompany the patent document and show the structure and operation of the invention. They are usually located near the beginning of the document and are labeled with reference numerals. You should look at the drawings and compare them with your invention to see if they show the same or similar components and arrangements. If they do, you might have a potential infringement issue or a lack of novelty issue.
- The citations: The citations are the references to other patents or publications that are related to the patent document. They are usually located near the end of the document and are categorized by type (US patent, foreign patent, non-patent literature, etc.). You should check the citations and see if they disclose any prior art that is relevant to your invention. Prior art is any public information that existed before your invention and that could affect its patentability. If you find any prior art that is similar or identical to your invention, you might have a lack of novelty issue or an obviousness issue.
Step 6: Save Your Search Results
The sixth step of doing a patent search is to save your search results for future reference. You can use the Collections View feature of the Patent Public Search tool to create and manage collections of patent documents
that you can access later on in the same session. To use Collections View, you need to select one or more documents from your search results and click on the “Add to Collection” button. You can then name your collection and view it in a separate tab. You can also download your collection as a CSV file or a PDF file.
Step 7: Repeat Your Search
The seventh and final step of doing a patent search is to repeat your search using other sources of information besides the USPTO’s Patent Public Search tool. Patent searching is an iterative process that requires you to refine and modify your search query and strategy based on your search results and analysis. You might need to repeat your search several times until you find all the relevant information and prior art that you need. You might also need to use other sources of information besides the USPTO’s Patent Public Search tool such as google’s patent search.