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To find out why patent searching is important it is a good idea to familiarise yourself with some of the basics of patenting as described in our Patents: Frequently Asked Questions page.
What can I find out from a patent search?
There can be many reasons for carrying out a patent search. The most common fall into one of the following
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categories:-
Subject search. If you are thinking of filing an application for a patent it is advisable to carry out some basic searching of existing patents yourself (or commission someone to do this for you). You may be certain that the product has not been on the market before but this does not necessarily mean that it does not exist. Patent searching at an early stage frequently saves a lot of time, effort and money.
If you are not intending to apply for a patent a subject search can also be a useful means of avoiding infringing someone else's rights. If you put a new product on the market without checking first, it is entirely possible that you could infringe an existing patent.
Company / inventor search. Searches to discover what patents have been published / granted to a particular company or inventor can give a detailed history or the innovative activities of an individual or organisation and indicate their place in the market.
Current awareness search. Newly published patent applications are very often the first sign of new products and processes and offer the first indication of which markets a particular company is moving into. They can define the current state of the art and show who the market leaders are. Significant amounts of information can be found in these documents. For anyone who needs to monitor current trends or the activities of competitors checking recent patent publications is vital.
How reliable is a patent search?
No search - whether charged or free - can ever be regarded as foolproof. The effectiveness of the search will be determined in part by the databases used and the experience of the person carrying out the search. Lack of familiarity is obviously likely to increase the risk of missing relevant documents.
Where do I start?
Most people start by using one of the free patent databases on the internet. This is a good starting point for a basic search providing you are aware of the limitations of the database you are using. It is always advisable to talk to someone familiar with the database you intend to use in order to get the best out of it - particularly if you are not familiar with patent terminology and search techniques. Staff in Business and Patent Information Services are happy to discuss this with you.
What is Espacenet?
Espacenet is the largest free patent database on the internet. It was set up by the European Patent Office as a starting point for inventors to carry out an initial search themselves. It is worth spending a significant amount of time on this database in order to familiarise yourself with the subject area and the structure and wording of the patent documents. Do bear in mind that not all patents can be found on this database and particularly if the search results are likely to form the basis of a commercial decision it is advisable to extend your searching.
What is the next step?
Assuming that your initial searching has not revealed anything which conflicts with your proposed invention it is worth considering having a more comprehensive search carried out on a commercial database such as those which staff in Business and Patent Information Services carry out for a charge. Due to the greater flexibility and more complex indexing of these databases it is possible to pick up relevant documents which the free databases may have missed. Contact us for further details.
Information given here is intended as a basic introduction to the subject and should not be taken as a comprehensive or legal statement. Whilst taking every reasonable care to ensure the accuracy of the information it provides for searches of patents and trade marks Business and Patent Information Services does not guarantee the accuracy or completeness of such information and does not accept any liability for errors or omissions or their consequences. Further details can be obtained from Business and Patent Information Services. Tel 0113 2478266 or email
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