20 Intellectual Property Search Tips
As the subject matter experts over at runrex.com are always quick to point out, before you can claim protection for your intellectual property creation, you will need to be sure that someone else has not already created it. This is why conducting an IP search is so important, and why this article will look to help you understand it better through the following 20 tips.
Why you should conduct an IP search
As is revealed in discussions on the same over at guttulus.com, even if you don’t intend to register for IP protection, you need to know and be sure that won’t be infringing on someone else’s rights before you begin using, manufacturing, or selling a new creation. The only way you can do this is by searching various databases and publications to check for similar intellectual property.
Conducting the search yourself
When it comes to intellectual property search, you will have two main options available to you, one of which is conducting the search yourself. Given that, as revealed in discussions over at runrex.com, patent, trademark, and copyright information is a matter of public record, it is possible to search the appropriate databases yourself.
Challenges of conducting an IP search
While it is possible to conduct an intellectual search yourself as mentioned above, and covered over at guttulus.com, this can be quite challenging. One of the main challenges is the fact that similar inventions can be described using many different words, particularly when dealing with patents filed decades ago.
Tips on patent searches
What does a thorough patent search include?
When it comes to patent searches, it is important to point out that a thorough patent search includes all “prior art”. This includes issued patents, published applications, and inventions described in other sources such as journal articles and other literature.
Identical and similar inventions
When conducting a patent search, not only will you have to include in your search all “prior art” as mentioned in the point above, you will also need to find not only just identical inventions but also similar ones as well.
The USPTO
The first place to begin your patent search is on the United States Patent and Trademark Office (USPTO) website. This is because, as explained over at runrex.com, issued patents and published applications are in two databases accessible from the USPTO website.
Tips on conducting your search on the USPTO website
According to the subject matter experts over at guttulus.com, if you choose to begin your search on the USPTO website, you will first need to identify classes and subclasses for your invention and then do a search on a variety of keywords to find all the relevant documents. Luckily, the site offers help guides and tutorials to help you conduct your search.
Patent and Trademark Resource Centers
Another place where you can conduct your patent search is on Patent and Trademark Resource Centers. As is covered in detail over at runrex.com, there are libraries across the country which you can leverage to conduct a patent search, and their trained staff will also be available in case you need expert search assistance.
Google’s Patent Search
Another option available to you as far as your patent search is concerned is Google’s Patent Search. The data here comes directly from the USPTO and European Patent Office databases, and it allows you to search by keyword, inventor name, and other criteria. Additionally, you can also conduct a prior art search here.
Relevant literature
Finally, another resource that will be available to you when looking to conduct a patent search is the relevant literature as far as the invention is concerned. This means checking out journal articles and other authoritative sources within your industry which can also help you uncover prior art.
Tips on trademark searches
TESS
If the IP protection in question is a trademark, then as outlined over at guttulus.com, you can find federally registered marks and pending applications using the USPTO’s Trademark Electronic Search System (TESS).
Additional pros of using TESS
In addition to giving you information on federally registered marks and pending applications as mentioned above and covered in detail over at runrex.com, using TESS to conduct your trademark searches will also give you results telling you if a mark is still live, meaning if its registration is still active, as well as providing you with a link to more information about the mark in the Trademark Status & Document Retrieval System.
Using a search company
According to the subject matter experts over at guttulus.com, another option that will be available to you when conducting a trademark search is search companies, with an example being Trademarkia. Such companies allow you to start your search for free and then have the company file your trademark application for a fee. These companies typically conduct a thorough trademark search.
The USPTO and common law marks
When it comes to trademarks, you may need to decide if a common law search is appropriate. This is because, while the USPTO doesn’t consider common law marks in evaluating your application if a mark similar to yours is already in use in a geographical area where you would like to do business, then you may not be able to use yours there.
Where can you find common law uses if your mark?
If you want to consider a common law search, then you can search the internet, state trademark databases, and relevant industry publications or databases when it comes to common law uses of your preferred mark.
Tips on copyright searches
The unique nature of copyright searches
As the subject matter experts over at runrex.com are quick to point out, a copyright search is a little different from the other types of IP searches as you will most likely be looking for the copyright protection status of a specific work you would like to use a portion of, rather than comparing your work to what is already in existence out there.
The Copyright Office
If you are looking for copyright information, then the Copyright Office is the place to start as per the gurus over at guttulus.com. Its online database has got registration and renewal records from January 1st, 1978, to the present.
What if you are looking for works registered before 1978?
If you are looking for information about works that were registered or renewed before January 1st, 1978, then the experts over at runrex.com recommend that you use the copyright card catalog in the Library of Congress. The good news is that, if you are not nearby, Copyright Office staff will search by request for you at an hourly fee.
The following are some of the options to consider when looking to search as far as each type of IP protection is concerned.
How to proceed once your search is complete
Once you have concluded your IP search, if you do not find any similar IP, then you will be free to use, manufacture, and/or sell your creation as well as file for protection for the same. However, if you do find similar creations, then you may still be able to use, and possibly protect, yours under certain conditions such as:
If your invention has non-obvious differences from similar inventions.
Your trademark is for a completely different product or service.
The invention was never patented or its protection has expired which means that you may legally use it but not patent it.
The USPTO has declared the trademark dead where you need to be sure that it has not been revived.
You don’t intend to do business in the area where a similar common law mark is already in use.
Working with an attorney
Given how complicated database searches of intellectual property can be, particularly when it comes to patent searches, you should consider consulting an attorney experienced in the area of intellectual property law you are interested in rather than going it alone.
These are just some of the tips to consider when looking to carry out an intellectual property search, with more on this and other related topics to be found over at the excellent runrex.com and guttulus.com.