Most patent professionals recommend conducting a professional patent search to their clients to help find the actions of others that may have barred the patentability of the client’s invention. The patent search typically reveals previously issued patents and published articles that are closely related to the invention.
The patent search may sometimes reveal possible public use of an item that is closely related to the invention, such as the selling of the item online. With the patent search results, you can gauge what kind of novelty rejections you have to overcome. You can also gauge the scope of your exclusive rights. You can also gauge your exposure to potential patent infringement liability.
The patent search may be conducted by the client or professionally. While the client may choose to conduct the patent search on his own, the client might find it very easy to miss relevant patents by virtue of failing to use alternative keywords. The client might also find it difficult to narrow the search results or find the patent search process overwhelming in terms of the information being provided and the reading involved. For these reasons, the experts suggests having a professional agency such as InventHelp to conduct the search. The author further recommends using a searcher that has the ability to interact with the USPTO examiners, who can effectively direct the searcher to the location of the relevant patents.
For the applicant’s invention to be novel, the invention must not have been:
- patented or described in printed publication by the inventor anywhere more than 1 year before the patent application,
- in public use or on sale by the inventor in the U.S. more than 1 year before the patent application,
- patented or subject of inventor’s certificate by the applicant, assigns, or legal representation in a foreign country on an application filed more than 12 months prior to U.S. application,
- abandoned by the applicant, and
- the applicant must have invented the invention.
A patent is a highly powerful document and provides exclusive rights to the patent owner to exclude others from making, using, selling, or importing the claimed invention. Thus, it is just natural for U.S. patent laws to impose complicated and rigorous requirements for an invention to become a patent. Fulfilling these requirements is what makes the patenting process a very labor intensive and expensive process as described in details in this https://www2.palomar.edu/telescope/2018/12/12/student-creators-can-benefit-from-seeking-the-services-of-inventhelp/ article. It is therefore to your advantage to conduct an initial patentability determination before committing yourself to the patenting process.