The USPTO Patent Search Strategy: An Introduction

So you have an idea that you believe is worth patenting. Fantastic. What are your next steps?

Well, your initial thoughts should lead you to researching the viability of actually obtaining a patent. In other words … has someone already created (and published) a product similar enough to yours to preclude you from obtaining a patent yourself.

There are many avenues to approach making this determination, from undertaking the research yourself using the tools available to you online (e.g. Google Patents), to hiring a legal representative, such as a patent attorney or agent, to do this on your behalf.

The following is for those that would like to take on this challenge in searching for prior art themselves, where “prior art” refers to any published documentation — patents, product brochures, blogs, YouTube videos — that provides evidence that your idea/invention has already been done.

As this is just an introduction I’ll provide the six steps that the USPTO outlines on their website below:

1. Brainstorm terms describing your invention

2. Conduct a keyword search using Patent Public Search

3. Conduct an in-depth review of the documents found by your search

4. Expand the search with relevant CPC classifications

5. Review cited references

6. Broaden your search with foreign patents, non-patent literature and/or a patent professional’s search

Take some time to review each of these points as summarized by the USPTO and trying some of their techniques out yourself.

If this is your first foray into prior art searching, it can seem overwhelming and you may feel lost in all the tools available to you and the terminology involved.

Just take it one step at a time — like anything else, the more time you devote to your prior art search strategy, the better you will become.

Once you have undertaken a search, this will hopefully offer clarity and confidence in your determination of whether or not your invention may be patentable … and if so … whether you should spend financial resources in hiring a patent attorney.