How to do a Patent Search
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- Опубліковано 23 лип 2024
- Wondering how to do a patent search? What goes into the patent searching process? Why is it so important before you patent your idea?
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Sorry, occupational hazard: This is not legal advice, nor can I give you legal advice. I AM NOT YOUR LAWYER. Sorry! Everything here is for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Nothing here should be construed to form an attorney-client relationship. All non-licensed clips used for fair use commentary, criticism, and educational purposes. See Hosseinzadeh v. Klein, 276 F.Supp.3d 34 (S.D.N.Y. 2017); Equals Three, LLC v. Jukin Media, Inc., 139 F. Supp. 3d 1094 (C.D. Cal. 2015).
Thanks for the helpful tips! Really enjoyed the patent search blog article as well.
Great resource! Thanks for all the tips and the free patent search resources.
You are very welcome!
Thank you for this valuable introductory videos. It really helped me searching for a specific patent.
You're very welcome! Let me know if you have any other topics you'd like to hear about! Email me at: jd@boldip.com.
Some friendly feedback:
Editor needs to turn down the music and that's one heck of an echo chamber you got there. Other that that, thank you for taking the time to make a video instructing others on the basic steps of patenting. Godspeed!
Great video but the audio quality is very low... Try a closer mic placement or a room with less reverb. Thanks!!
Thanks for the feedback! This is an older video and the issue has since been fixed. :)
Agreed! And the background music makes discerning the dialog that much harder. Otherwise, thanks for the info.
Thank you for all the information. I was wondering if you have an idea to improve a current product design for better functionality is this a process to be used for the new patent idea? The idea would utilize some exciting products on the the market now but it would be redesigned in a way that is different from the original idea, incorporating a better idea to offer more qualities and better uses.
Absolutely! I'd say the majority of ALL patents issued today are improvements on core technology available today, and many of these "improvements" are new applications/functionalities/adaptions that are available in other industries or "off the shelf" if you will, but just hadn't been done, and were not obvious to include.
So if you've got your invention filed with a PPA(s) and want to get a full blown patent(s) after multiple PPA refilings (say over the course of two to three years) and already having commercialized it. Is that possible?
Gon'ByUKandy maybe; YES, one Nonprovisional Patent Application (NPA) can claim priority you more than one Provisional Patent Application (PPA). However, you are only able to go back 1 year.
Information + practice = success
For sure :)
This legend is very good man that is why he doesn't have more subscribers👨🎓😢
Your video title is In-Depth Patent Search Tutorial, but I think your video is In-Depth Advertisement for your firm.
Did you watch it? After watching it, what else would you like to learn?
Thanks for the information! One question: Are other non provisional patent applications public (to be able to search) ?
Yes, provided that they are published! You can find them using the USPTO's Patent Application Information Retrieval "PAIR" search engine. It takes 18 months for patent applications to be published from the date of priority. So, if you filed a provisional, waited one year, then filed the nonprovisional on the anniversary date, it would still be another 6 months before the Nonprovisional publishes. Note, there are also ways for the inventor/applicant to request for their application to not be published (this is rare), but by doing so, they waive international rights. I know... probably longer answer than you originally thought! If you have any follow-ups, please email me at jd@boldip.com.
@@boldpatents Can you submit non-provisional application on or "before" one year after submission of provisional application or you have to submit non provisional exactly after one year?
Thank you so much. I was very shocked as to find employers may have rights to patent, if its job related. What if you left said job, then proceeded to go through with the patent, is there a time frame? Thank you.
Thanks for watching Solarview, and thanks for your great question. The answer is, it's going to be very case-specific and depend on your employment contract. If your employer claims ownership and requires you to assign any and all inventions that were created on the job, you could be in trouble if you decide to then seek patent protection after you end employment. There are a series of tests that courts have looked at to determine inventor ownership. If the invention is related to the job/duties you have, whether your boss/supervisor asked you to find a solution that the invention solves, if you researched, and worked on the invention while on the clock/during work hours and on employer equipment, then it is likely to be owned by the company, otherwise, you may be safe. Long story short, we should talk about your scenario in a confidential discussion. Book a free advisor meeting today at www.boldip.com. Cheers!
I got 3 more days to finish my nonprovisional patent lol
I know how do do a patent search but what do I submit the patent number of inventions as close as possible to mine?
And where do I submit it in line. On the uspto website it shows everthing they need in order but nothing about a patent search results I need to put in.
3 more days!!!! Yikes! I hope you have hired a patent attorney to help you. Are you saying you filed your provisional 362 days ago? If you haven't published or sold your invention during this time, it may be best for you to file another provisional application, so you can better prepare your formal nonprovisional application. Please schedule a free call with us to see how we can help: calendly.com/business-consultations/am06-youtube
I appreciate the information.. Is it possible to get a patent for something that was already patented for another use? For example, something that was used for clothing, but your invention is similar but used for something entirely different.
It is possible to get a method or process patent on a device that has already been invented. This is rare, and will come up against obviousness rejections in most cases.
Any info is better than no info thank you
Totally agree! You're very welcome :)
your website is not working.... So, ahhh how do we follow through with you on a patent search and other?
What URL are you typing in? we're at www.boldip.com, you can also navigate to www.boldpatents.com, they are both up and running at the moment. Sorry for any inconvenience.
How do I search to see if a patent is expired? And if it is am I’m able to renew it and update it?
You can see the status on PAIR search via USPTO.gov. Once expired, it cannot be renewed - it’s part of the public record!
So I have done the research on Google and am going to search the patent office as well my question what is the absolute cheapest way for me to get a design patent and quick I want to get my invention out there quickly it will save lives and I want to have it available as soon as possible.(not a medical device )
Hey Meredith, the cheapest way is to do it yourself, of course. However not sure it would be the quickest as there is a lot of learning to do on your own.
I am a patent broker, I'd love to chat with Bold Patents about ways to work together. Great video!
If I make a "washcloth" the week after the person who made the very first "bath towel." Could I patent the "washcloth" or is it too similar to the towel?
If no one has made a wash cloth after the twenty year patent embargo is over, could I patent it then or would it be recognized as "public domain?"
And if it would be considered "public domain," could I do business with a company (if for whatever reason it was it was never made,) without that company telling me they don't like the idea... Then steal it?
Great question. I want to be clear to delineate between patent and trademark here. You are using quotes around "washcloth", I assume you are meaning an actual wash cloth, not that "washcloth" is your brand name/trademark. So, under that assumption, I do think the examiner would reject your washcloth at least based on a nonobviousness evaluation. Even though the washcloth is on its face novel as compared to the bath towel (used for different purpose), I think it would be difficult to overcome a rejection that argued that people could also use the same material to wash/dry their face even if they didn't take a bath/shower. After the full term of the patent, it is part of the public domain, and you cannot seek patent protection for it, or anything else that has been published. Last question the answer is yes, so long as what they are showing you is not protected by any patents, you're free to commercialize however you want.
@@boldpatents appreciate the response. Thank you! 👍🏽
i am from India, where do i have to file my PPA, is it on US site or on Indian site, if i file PPA in India is it mean i get protected for all countries or someone can use it in other countries.
( i am filing on software, i am going to reach some US investors, ) i want to know what is the role of countries on PPA, where do i have to file PPA or is that i have to file it separately for all countries i want to protect it.
So, I only know US laws. if you want to seek a US patent, then you can either file directly with the USPTO (I recommend using a patent attorney) and then file pct or foreign file in India . Or you can file in India and select the US as a foreign filing.
What if it's an idea that is gonna take a little time to build and test? If the patent search comes back clean how does one get a working prototype and risk wasting a lot of time and money if someone else beats you to it? I guess I'm asking can an idea with detailed engineered drawings be enough to obtain a patent?
Great question. I'd say, that if a patent search comes back favorable and you know the invention works, and can explain how it works (and at least one way to build and make it) you should file for a provisional patent application first (to get the early priority date), then do your testing and prototyping and then plan on putting any changes/modifications/improvements into the final non-provisional filing within one year of the provisional date. However, if you aren't sure your invention will work, and need to prototype it to confirm its core functionality/validate its utility, then YES, you should seek to get at least a basic prototype built first, THEN, once you have a final invention, do a patent search, then file for patent protection.
@@boldpatents Thank you so much!
Hmm Seems like my wife and I need help with this. We have an app and software to save lives that can be used worldwide. Should we tried filling provisonal patent ourselves until the investors give us money? We have investors interested but we just dont want to keep putting it out there without protection
Happy to help. Yes, get some legal advice first, before approaching investors and making any public moves. Schedule a free screening session today: www.boldip.com/contact.
Make 3 copies and get them and original copy and get all 4 notarized and get them mailed over night delivery from one post office to another post office overnight delivery. Now you have just secured your own patten!!!!! Can't get much more secure than that in a pinch!!!!!
What state are you located in? And does it matter where I find a patent attorney?
Our virtual network of attorneys have a physical presence and foundation in most major cities across the country, so we service nationwide!
Hi,
Please give some examples.
very interesting !
Thanks! Let me know if you have questions about anything else related to patent law. Happy to point you in the right direction.
How can somebody research pending patents?
The only pending patents that are available to find/see by the public are those that have published. Non-provisional patent applications publish roughly 18 months from their priority date. So, if it's been pending for 18 months, or a provisional was filed, and has been pending 6 months or so, it will be published, and can be quite helpful to determine novelty/non-obviousness.
Where can I find a list of patented ideas? Im an engineer and i wanna build something but i don't know where to start .
Hey Flynn, probably the easiest place is to use google patent search: patents.google.com/. For more in-depth look, you can go to the USPTO site: patft.uspto.gov/netahtml/PTO/search-adv.htm
@@boldpatents Thank you kind sir. Do you know any other websites for projects and stuffs??
Start with a hobby or problem
Hi you can find most of the answers on IPRally patent search tool.
Am I at a rave here? Chill with the music my man ;)
Sorry. I wish I could take the sound out. Any ideas of how to do that?
@@boldpatents I don't think you can edit the sound after the fact. It's an old video, maybe just remake the video and repost a more modernised version of it.
@@thesmiffable K - thanks for feedback. Wish I could somehow swap out and keep the same views/comments on new vid
So you can't patent something of yours if it's already been sold or publicized for over a year? That basically means someone else who isn't you can steal it, then put your business out of business. Or, does it mean NO ONE can patent (steal it) and then keep you from making money off of it. ?
Correct! If you've published your invention or sold it more than a year ago - IT BELONGS TO THE PUBLIC DOMAIN. And yes, that could mean that any 3rd party could pick up the invention, build it, and move to market. It does also mean that the 3rd party cannot patent it either, so you are free to compete in that space.
@@boldpatents can I hire you to assist me un the process?
@@JoseSoto-wz2we We consider an engagement will all of our prospective clients after an initial consultation. You can schedule one with our advising team here: calendly.com/business-consultations/20p
@@JoseSoto-wz2we Hello Jose,
You can visit PatseanIP UA-cam channel and hire the best firm PatseanIP for legal services
Can you patent something in a separate country when it has already been patented in another country?
Great question! Unfortunately not. In the US (and most all other modern countries) Patents are awarded only for inventions that are first of their kind in the whole world.
@@boldpatents oh that makes sense thanks for answering! i have another question though, can someone make a product in a different country that the product isn't patented in?
@@IAMCHIDERA Even if the invention has not been patented in any country before, it must still be novel. Meaning, if the invention was published/known by a person of ordinary skill in the art before the time of inventing, then it cannot be patented. Further, if the inventor derived the invention from someone else, they are not the rightful inventor, and their patent can be invalided.
Where are you located?
Thanks for the info. The content was great, however, the delivery could be better by using a microphone (to reduce the echo) and by removing the background music.
Working on it!
Are you a Canadian company
How much in total does it cost to patent a product in Canadian dollars
I have an invention I want to patent
Thanks for video
Very informative 👍
We are a US-based company, but we can help Canadians (or citizens of any country) research and file patents in the US and internationally through our network. Check out this vide for patent cost: ua-cam.com/video/U3SqBNIowGs/v-deo.html. If you're ready to move forward and see if you'd be a good client for us, schedule a 15 min screening session here: calendly.com/business-consultations/am06-youtube
Can books have patents
Generally not. Copyright law governs creative works like written words and designs found in/on books. If what you describe in your book is a novel (new) method or process, then its possible that the subject matter may be patentable.
gave no info on searching - a big add for your business and u know it 😔
Yep, this video is a form of advertising - it's educational, and speaks right to my clients by giving them a leg up in understanding what they're getting into before diving/trusting an attorney to help them (or worse yet - getting swindled by patent promotion companies like inventhelp). I do provide serious value here, can't understand how you can say "no info"... c'mon.
I have a few questions. Please get ahold of me. Greatly appreciated
Shoot me a note at jd@boldip.com.
Booleans are their own data type, not a string.
You do know there are LOTS of different boolean types, not just programming and that the term "string" does not only follow a single definition as well.
String can literally just be a sequence of characters used to represent text, which is exactly what you'd be doing if you are trying to search Art. You'd use a string of (characters) Boolean in place of the normal (Words) text to find what you need.
P.S. no one really cares either
Fix the audio quality
Hi Christopher, thanks so much for the feedback. This is an older video and we think our newer videos have better audio quality.
Hello, I have an idea that I want to patent
Awesome! Schedule a free session to see if we are a good fit for each other at this link: calendly.com/business-consultations/am06-web
Fix the audio quality.
Thank you for the information. Just for your future video, I think the background music is somewhat bothering.
Definitely noted and our newer videos are better! Thank you for the feedback.
You need to hire a video editor to properly set your audio levels. Want to do some trade-out work?
Please loose that background music and work on the audio
Sounds like you’re in an empty room
But other than that I actually enjoyed listening what you had to say
It was informative
Thanks
Thank you for your feedback.
I really wanted to watch this but I couldn't get over the background noise.
music in the background is very annoying
We're so sorry about that! We have gotten a few complaints about this in other videos. Rest assured we're working with our editors to see if we can have these reuploaded or revised without the music :)
Music so annoying can't finish the vedio
Thank you for the feedback. We have since fixed this issue on our newer videos!
@@boldpatents i have some questions how i can contact you
@@kettyketty637 Sorry about the music... I am going to try to republish new versions w/o music in next few months. Please email me at jd@boldip.com, or schedule a screening session here: www.boldip.com/contact
Turn down the music
Not as helpful as I was hoping... Break it down, please. The search on USPTO isn't exactly user-friendly or self-explanatory. And an explanation of what to look for after search results are generated so we can whittle down the huge list to less than tens of thousands of search results with sometimes ambiguous titles.
Let me take a look at this - I’ll see if I make a more detailed version soon.
Not helpful at all
So sorry to hear that! We do try to be as succinct as possible with these videos and, for the most part, we've gotten positive feedback. But if there were any points that didn't make sense or you felt needed more clarification, please feel free to shoot me an email at jd@boldip.com :) happy to help clear up any issues!
The background music is annoying 😒
Crap music and audio too.
Selling his service and telling you how you will get robbed by people like him. I wonder how often he helps companies take IP from individuals for fictitious bodies.
To much pitching...
I hear ya. Thank you for the critique. I'll go easier on the selling in future videos. Were there any topics you'd like to learn more about?
This video is an infomercial, not an actual tutorial on how to do a patent search. I dare say, clickbait!
Thanks for watching, Michael! I Agree!! I want as many people to click on this as possible! I want to serve as many inventors as possible, so you bet I want to attract and help inventors do patent searches the right way. To do a full tutorial on google searching try this video: ua-cam.com/video/owFNROB39Bw/v-deo.html, maybe that's more your style.
For more specific info that adds to this video's overview: www.uspto.gov/video/cbt/prelim-patent-search/index.html
What a waste of time 😂
What were you looking for? This is an old vid, I’ve got newer ones I can get to you, or a copy of a pdf with outline on patent searching.
waste of time