UBC Law Review

UBC Law Review

& Franchise Law Review

Patent Search

Getting a patent is one of the most necessary things to be accomplished once you have conceptualized an innovative idea. A patent confirms that the idea is original, and also secures that the creator’s idea will not be infringed in any manner. However, before acquiring a patent, the creator has to find out whether the concept has been patented before.

In America, the US Patent Office takes on the responsibility of granting patents for new ideas. The USPTO is an extremely busy office receiving more than 350,000 patents per year. It may sometimes take a long time to grant a patent. In order to shorten the process, the USPTO encourages people with new concepts to conduct the patent search themselves at website http://www.uspto.gov. Patent hunters can use the search toolbar to type in related keywords, and check whether the idea is already patented. The USPTO lists all patents from 1970 onwards, and earlier patents can be obtained on demand.

Patent attorneys specialize in searching patents and giving patent-related advice. They are consulted if a web-based patent search yields no results. Patent attorneys are also helpful in arguing a client’s case, when the USPTO has rejected an earlier patent demand. At such times, modifications and alterations can be done in the original design, and it can be reapplied for.

A rough patent search done through professional attorneys consist of investigating whether the general concept has been patented. The cost for a patent search is a few hundred dollars, depending on the nature of the idea and the province. A person can opt to have a comprehensive patent search done costing around a thousand dollars.

In most cases, a patent search yields negative results meaning a creative idea, no matter how novel, might already have been patented earlier in some form. Therefore, it is necessary to conduct a patent search before attempting to build a workable model of the concept. If a similar idea has been patented, the creator is able to decide where to make innovations in order to make the product unique.