A patentability, novelty, or prior art search locates patents relating to a single invention to determine if there are any prior art that exists that would prevent the single invention from being patented. The focus of the search is to find an anticipation 102' reference or combination 103' reference(s) an Examiner would be likely to use against an Applicant in an initial Office Action. Also, this kind of search allows you to decide if it is worth going ahead with your patent application. Also, patent law precedence has been updated for expedited prosecution of patent applications based on applicant submitted prior art requiring the inventor and/or attorney-agent to use a disinterested third party search firm to provide a novelty or prior art search.
A Novelty search can take from 1 to 3 days. The search includes consultation with an examiner in the specific search field, a complete search of appropriate areas of classification at the USPTO and a search report citing the best prior art found. A computer or software related search generally takes longer, costs more and includes searching the Internet, and other databases. An electronics search generally takes less time, costs less and includes less search on the Internet or other databases. Extra costs maybe incurred for printed patents or full text of certain nonpatent literature.
An infringement search locates US Patents still in force having claim(s) directed to the same or similar subject matter in issue so as to possibly prevent one from pursuing the subject matter. The search focuses on the same subject matter as well as related subject matter that may have relevant "restricting" claim(s).
A validity search locates any prior art showing the claimed subject matter of a patent in a single prior art document (patent or nonpatent) from anywhere in the world. A validity search may be performed for issued US Patents, Foreign Patents (Oppositions etc.) and/or pending applications. The file history of issued patent is reviewed for points of novelty to focus search. Goal is to find anticipation 102' reference or best combination 103' in existence against claim(s) of the patent.
A clearance search locates US Patents covered by an infringement search but also expired Patents (US and/or Foreign Patents) or other relevant prior art now in the public domain. Clearance search is the combination of a novelty and infringement search.
An infringement, clearance and validity search costs more than a patentability search on one invention, includes a report and generally takes more time than a novelty search. Approximately one week. Extra costs maybe incurred for printed patents or full text of certain nonpatent literature.
A collection search obtains a representative collection or sampling of the prior art in a particular field, including patents and/or publications. This kind of search is similar to a classification project at the patent office. It attempts to create a large amount of prior art in a certain field or area of technology, usually one that has not been categorized into the classification system at the Patent office. The resulting collection provides a group of prior art to assist in filing multiple related patent applications. A collection search could be described as a patentability search on multiple inventions.
A collection search costs more than a patentability search on one invention and takes as long as an infringement or validity search and includes a much large report and consultation with an examiner. Since the number prior art is high, the copying of prior art will require special arrangements.
Technical specialty search areas
Some examples of the technology breakdowns :
Areas of Patent Classification
Electromechanical such as Ink Jet laser or fax printers 346, 347, 355, 358
Automotive Electronics, Naviagtion, location computers 701, 342
Business Methods 705
Electronic Communication Telcom Cell phone, telephone
333, 334, 343, 370, 375, 379, 381, 455,
Computer Control systems Heating A/C, manufacturing
700
Software development
717
Computer Hardware and Software 345, 704, 705, 706, 707, 708, 710, 711, 712, 713, 714, 715, 717, 901, 902
Electronics circuits, digital logic, comparators, amplifiers, filters, electric motors, TV, counters, measuring, testing, control, resistors, capacitors, inductors
307, 310, 315, 318, 320, 323, 324,
326, 327, 329, 330, 331, 332, 333, 334, 335, 336,
337, 338, 340, 341, 348, 360, 365, 361, 363, 369,
375, 381, 386, 388
Computer software hardware that creates electronic circuits or computers
716, 326
Electronic or Computer or Internet Games 463, 700, 709
Computer Networking - Internet
715, 709
Semiconductor chips method and device
257, 438, 505
Encryptions
705, 713, 380
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