 By Darius Sharpless So, you made an invention. Great! But, how do you protect it? What do you need to get a patent? What is “prior art”? This article should help answer these questions. First, let’s get a few patent basics out of the way. Patents protect new and inventive products and processes by giving the inventor or patent holder the right to prevent others from making, using, selling, or importing a patented invention for a period of about 20 years. In order to obtain a patent, the inventor must prove that the idea contained in the patent is:
Second, we need to define the term “prior art.” Prior art is any information related to your invention that was disclosed to the public before you filed the patent for your invention (even if you were the one who disclosed it). Prior art includes:
Remember, your invention needs to contain a breakthrough idea that is a substantial advancement over the “prior art” to meet the patent requirement of being nonobvious. Conducting a prior art search and determining how your idea compares to those that came before it is an important step that should always be taken before applying for a patent. Before you enter the search engines, think of some terms that best describe your invention. To aid in your search for the proper terminology, try answering these questions:
With a list completed, you can move on to choosing your classification. Patents are classified using the Cooperative Patent Classification (CPC) system. Using the Classification Resources page of the United States Patent and Trademark Office (USPTO) website or a resource like Google Patents will help you navigate through existing trademarks within the CPC system. Using the keywords from earlier, search the CPC system for a classification whose definition most closely fits your invention. When you’re comfortable you’ve found a good classification, save the CPC classification. It should be a series of letters and numbers that looks something like this: A45B 25/22. If you are not there already, go to USPTO.gov. With that CPC selection in hand, under the Patents category of the website, go to Patents Full-Text and Image (PatFT). Enter the CPC selection into the term 1 box, select 1790 to present for the years, and you will see all existing patents for inventions like the one you have. Focus on the wording used to describe each invention. Once this is complete, check to see if there are any similar inventions currently in the application pipeline with an Applications Full-Text and Image (AppFT) search on the same USPTO web page. Alternatively, you can use Google Patents to search using plain language keywords with or without your CPC code number using the advanced search function. Once in Google Patents, you can easily navigate between similar patents by using the “Patent Citations” and “Cited By” links within the patents you’ve found. There are a lot of patents out there, so it’s helpful to develop a system for quickly looking at the patents you find and determining how similar they are to your idea. Three areas to look at for a quick snapshot of the patent’s main ideas are the abstract, the figures or images, and the claims. The claims spell out the boundaries of what the patent covers. The first claim and any other “independent claims” (claims that don’t cite to other claim numbers) are typically broader and merit a closer reading. Finally, you’ll want to search for sources of prior art that are not patents. Some great places to search are:
Does your invention still appear non-obvious after your prior art search? If the answer is yes, it doesn’t guarantee success, but you can feel a lot more confident taking some next steps on a patent application. You should still seek out professional help before applying for a patent. Becoming a patent attorney requires special certification and years of study. A patent attorney can help you expand your prior art search and is critical to preparing a successful patent application. Standard prior art searches using a law firm begin in price around $750-$1,000 and increase in price with an increase in the complexity of the invention. Individual inventors and small businesses also have access to Case Western Reserve University’s excellent IP Venture Clinic, which can conduct patent searches and draft provisional patent applications for you for free (although you still need to pay the modest patent filing fees). It’s advised that you conduct your own prior art search before contacting an attorney. That way, you do the easy work, and let the attorneys earn their money finding the hard stuff. Congratulations on your latest invention. Now get your patent application started and keep that idea safe!
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