The first step in the patent application process is almost always a patentability search. While searches are never exhaustive, they will often help the patent attorney, as well as the inventor(s), determine whether the invention, or in some cases a portion of the invention, may be patentable.

Importantly, the United States Patent & Trademark Office (“USPTO”) will not grant a patent on an invention that is already known or otherwise already in the public domain. Thus, the goal of most patentability searches is to find any patents, patent applications, and sometimes other publications, that are similar to the proposed invention. Based on the search results, an informed decision can be made as to whether to proceed to the next step of applying for a patent.

Before investing significant time, money, and effort into developing a product or filing a patent application, one of the most important steps you can take is conducting a patent search.

One of the primary reasons to conduct a patent search is to determine whether a similar invention has already been disclosed or patented.  A patent search can also help determine whether an invention may have a reasonable chance of qualifying for patent protection.  For an invention to be patentable, it generally must meet legal requirements that include novelty and non-obviousness. While a patent search cannot guarantee that a patent will be granted, it can uncover prior art that may affect the strength or scope of a potential patent application.

Keep in mind, though, a patent search is not just about finding reasons an invention may not be patentable. It can also be a valuable source of inspiration. Reviewing existing patents can help you understand how others have approached similar problems. This may reveal weaknesses, limitations, or gaps in existing technology.  Sometimes, the most valuable result of a patent search is discovering an opportunity to improve upon what already exists. You may identify a better design, a new application, or a feature that previous inventors overlooked.

For inventors, entrepreneurs, and businesses, a patent search can provide critical information at the right time—before major decisions are made. In innovation, knowledge is valuable. Knowing what already exists may be the first step toward creating something truly new.

To order the Flat Fee Patentability Search, simply contact HLF, and Registered Patent Attorney Benjamin M. Hanrahan will personally return your message.

All communications, including invention disclosures, with attorney Benjamin M. Hanrahan and Hanrahan Law Firm, P.A. are strictly confidential.