The following outline is based on recommendations of the United States Patent and Trademark Office (USPTO). See the USPTO online tutorial at : How to Conduct a Preliminary U. S. Patent Search : A step-by-step strategy
1. Brainstorm terms describing your invention.
- Identify the key technical features and functions of your invention. Think about the problem your invention solves, the materials and components used, the method of operation, and any unique or novel aspects.
- Consider the target audience for your invention. Who would benefit from using your invention, and what keywords or phrases might they use to search for it?
- Look at existing patents and patent applications in your field. Note the keywords and phrases used to describe similar inventions, and use these as a starting point for your own descriptions.
- Refine your list by prioritizing the most important and relevant keywords and phrases. Consider which terms are most likely to be used by patent examiners, potential licensees, or investors.
- Try to think of alternative words to describe your concept. For example, an umbrella could also be called a parasol or a sunshade.
2. Conduct a keyword search using Patent Public Search.
- Using the terms identified in step 1, above, you can begin with a broad search for your main concept, and then narrow the search results by adding additional features of your invention.
- Review the front pages of patents and published patent applications, eliminating those that are irrelevant.
- Guidance on how to search is available in the USPTO's Quick Reference Guides.
3. Conduct an in-depth review of the documents found by your search.
- Read the patent abstracts to get a general understanding of the inventions described in the patent documents. The abstracts provide a brief summary of the patent, including the technical field, the problem being addressed, and the solution provided.
- Review the patent drawings and figures to gain a visual understanding of the invention. The drawings and figures can provide additional details on the invention that may not be clear from the written description.
- Read the detailed description of the invention, including the background, summary, and detailed description sections. Pay attention to the specific technical features, functions, and materials used in the invention.
- Review the patent claims to understand the legal protection provided by the patent. The claims describe the scope of the patent, and define the specific features and functions that are protected. Compare the claims of the patents found in your search to your own invention to determine if there are any potential conflicts.
- Analyze the citations listed in the patent documents to identify other relevant patents and prior art. These citations can provide additional context and insights into the technical field and the existing technology landscape.
- Take notes as you review the patent documents to keep track of key findings and observations. Note any similarities or differences between the patents found in your search and your own invention, and highlight any potential opportunities or risks.
- Repeat the review process for multiple patents to gain a comprehensive understanding of the technical field and the existing technology landscape.
4. Expand the search with relevant CPC classifications.
- Go to the Classification Resources page and select the CPC classification system
- Identify the relevant CPC classifications for your invention. CPC classifications are codes that categorize patents according to their technical subject matter. You can search for relevant CPC classifications using the CPC classification search engine provided by the patent office or through other online patent search databases.
- Enter the relevant CPC classifications into the search field along with your initial keywords. This will expand your search to include patents that are categorized under the relevant CPC classifications.
- Use search operators to further refine your search. For example, you can use operators such as "AND", "OR", or "NOT" to combine keywords and classifications in different ways. You can also use operators to limit the search results to specific fields such as the title, abstract, or claims.
- Review the search results and select the relevant patents to view. Read the patent abstracts and descriptions to determine if they are similar to your invention.
- Analyze the patent claims to identify any potential conflicts or opportunities for your invention. The claims describe the legal protection provided by the patent, and can help you to understand the scope of protection provided by the patent.
- Repeat the search using different combinations of keywords and CPC classifications to expand your search results and ensure that you have covered all relevant patents.
5. Review cited references.
- The front page of a patent includes a section of cited references provided by the applicant and/or the patent examiner.
- Review the U.S. patents and published patent applications that a patent has cited and/or the patents that have cited them since their publication.
- Patent Public Search can provide a search of both the backward and forward citations.
6. Broaden your search with foreign patents, non-patent literature and/or a patent professional’s search.
- Check Espacenet, the European Patent Office’s worldwide patent publication database of over 150 million patent publications.
- Search books, journals, websites, technical catalogs, and conference proceedings in the applicable field.
- You may want to hire a registered patent attorney or patent agent to review the search.
