Search and Discover

is your idea really original

STEP ONE

SEARCH AND DISCOVER

There is a chance that more than one person has the same idea for an invention. If an idea is already on the market or patented, then it becomes much harder to be successful or invent at all. The first step in evaluating a new invention is searching for existing products that are similar to the invention. You can find information from stores, websites, and friends. People who work and are experienced in direct to retail markets are also knowledgeable in many products. Discussing ideas under a Non-Disclosure Agreement is an important resource to discover previous ideas and products. In addition, this gives you good feedback on your product for the direct to retail market.

BASIC SEARCHES (easily done by you)

SEARCH FOR EXISTING PRODUCTS

Large online marketplaces and retail websites are commonly used to search for products. Using different combinations of words to describe a product will give a variety of similar ideas. For example, if one invented a new cover for cell phones, search phrases could include: cell phone accessories, cell phone protection, cell phone covers, cell phone shields, plastic cell phone covers, leather cell phone covers, designer cell phone covers, metal cell phone covers, etc. More combinations of words searched yields a more thorough analysis.

Image searching can also be a useful tool to determine whether there are other products that look like the new invention. If an image similar to the new invention appears, click the photo and follow it back to the original website for detailed information.

PATENT SEARCHES

Patent searches are necessary to determine whether others have rights to an idea. Patents protect a person with an original idea from having someone use or steal it. The patent office searches existing patents and published patent applications to see if an idea is novel. A new inventor must ultimately prove that their idea is novel and no one has rights to it.

To make searches easier, inventions are categorized into classes or categories. A patent is categorized and then compared to existing patents in that category. There may be crossover of a patent to several categories. It makes it difficult for a person to determine the category their product belongs in. A professional search is required to be sure there is no conflict.

Note, a patent on an idea can be rejected for various reasons including that it is not a novel idea or it is obvious to a common person. An examiner may find existing patents or past patent applications that were similar or may know of existing products on the market. This does not mean an inventor cannot proceed without a patent; one can go ahead and invent without a patent.

It is still good to do a personal search. If an existing granted patent is found, carefully look at the claims. Claims can be so specific that the new invention might not conflict. If there are no conflicts, it is strongly advised to have a professional patent search completed. In reviewing patents, also check whether the patent has expired.

Personal patent searches are a good starting point. Note that patent searches do not always show recent applications immediately. In many systems, applications are published after a delay, and provisional filings do not appear until later filings occur.

Searches often cover only the United States unless you use international databases. International searching may be important depending on your market.

Search links