Patent Search - Is My Great New Invention Idea Already Out There?

Having a groundbreaking invention idea is exciting, but before you take the next steps, it's crucial to conduct a patent search to determine whether your idea is already patented. Many inventors assume their idea is unique, but a thorough search can prevent wasted time and investment. You can start by researching similar products in stores and reaching out to buyers in your product category. Eventually, you may need to conduct an in-depth patent search through online databases or hire a patent attorney. Alternatively, some industrial design firms, such as Tarlow Design, offer patent assistance at a lower cost than traditional legal services.

1) Store Research: Investigate the Market First

Before diving into an official patent search, it's wise to check if your product idea is already available in the marketplace. Follow these steps to conduct a basic store-based investigation:

• Visit retail stores that sell products in your category and examine their inventory.
• Ask sales representatives whether they have a product that performs the same function as your idea.
• Keep your descriptions vague when discussing your invention to protect your concept.
• Request the contact details of store buyers who handle your product category. You can say, "I’m conducting research on this product category—do you know the buyer responsible for these types of products?"
• Call store buyers and introduce yourself as a representative of a fictional company. For instance, "My name is [Your Name] from [Your Company Name]. We are considering developing a product in your category. Have you encountered anything similar?"
• While discussing your concept with buyers, maintain a level of discretion since they are not bound by confidentiality agreements. However, most buyers are too preoccupied to replicate your idea.

2) Conducting a Patent Search

Once you've ensured your product isn't widely available, the next step is to verify whether it has already been patented. A patent search is essential to determine if your invention has prior claims, which could impact your ability to patent it.

• Conducting a patent search is crucial if you plan to file a patent. A patent doesn't protect an abstract idea but rather the specific way it functions (Utility Patent) or its design (Design Patent).
• You can perform a self-guided patent search using free resources such as the U.S. Patent and Trademark Office or the World Intellectual Property Organization databases.
• Hiring a patent attorney ensures a comprehensive and legally sound search. Though costly, professionals have expertise in identifying existing patents that may not be obvious to the average person.
• Some industrial design firms, like Tarlow Design, offer patent search services and can assist in the patent writing process at a lower cost than hiring a patent attorney.

3) When to Seek Professional Assistance

If your self-guided patent search doesn’t provide clear results, seeking professional help is the next logical step. Here’s when and why you should consider expert assistance:

• Legal Guidance: A patent attorney can provide expert advice, ensuring your application meets legal requirements and has a strong chance of approval.
• Comprehensive Search: Patent professionals have access to advanced databases that provide in-depth insights beyond public resources.
• Patent Application Process: If you move forward with filing a patent, professionals can draft and submit your application properly, reducing the risk of rejection.
• Alternative Solutions: Industrial design firms, such as Tarlow Design, offer a hybrid approach by combining product design expertise with patent assistance, making them a cost-effective alternative to hiring a patent attorney.

Final Thoughts

A patent search is a vital step in protecting your invention and ensuring it hasn’t already been patented by someone else. Whether conducting your own search through free online databases or seeking help from professionals like a patent attorney or industrial design firms, verifying your idea's uniqueness early can save you time and money. If you’re serious about turning your idea into a patented product, follow these steps and explore the best options available to safeguard your invention.

FAQs About Patent Searches

1. What is a patent search, and why is it important?

A patent search is a process of checking existing patents to see if an invention has already been patented. It helps inventors avoid legal issues and unnecessary expenses.

2. Can I do a patent search on my own?

Yes, you can perform a patent search using free databases like the U.S. Patent and Trademark Office and WIPO. However, hiring a patent attorney ensures a more thorough search.

3. How much does a professional patent search cost?

The cost of a patent search varies. A patent attorney may charge anywhere from $500 to $3,000, while industrial design firms, like Tarlow Design, often offer more affordable options.

4. What is the difference between a Utility Patent and a Design Patent?

A Utility Patent protects the functionality of an invention, while a Design Patent safeguards its unique appearance.

5. How long does a patent search take?

A basic patent search can take a few hours if done independently. A professional search, conducted by a patent attorney or design firm, typically takes one to two weeks for comprehensive results.