Introduction to U.S. Patent Searches
A U.S. patent search
(a.k.a. USPTO patent search, patent
office search) involves a
searching the public records at the U.S. Patent &
Trademark Office (USPTO) for patent records that could materially affect the
patentability of your invention. This page provides an overview of the U.S.
patent search process and the patent search services performed by Neustel
What is “Searched” in a U.S. Patent Search?
A U.S. patent search only researches the following types of U.S. patent documents:
- Granted U.S. patents. All patents (not patent
applications) granted by the USPTO are published and are
searchable by anyone.
- Published U.S. patent applications. Some
patent applications are “published” by the USPTO after 18 months of
pendency and are also searchable. Keep in mind that not all patent
applications are published even if they have been
patent pending for more than 18 months.
If you want additional items searched, talk to your patent attorney to
see if they can assist you.
What is Not Searched in a U.S. Patent Search
A U.S. patent search does not
search for the
following types of items:
- Foreign Patents or Foreign Patent Applications
- Non-Published U.S. Patent Applications
- Commercial Products Previously and Currently Sold
- Non-Patent Publications (e.g. Technical Publications)
A Patent Search is Not a Guarantee of Patentability
While a U.S. patent search is generally accurate, there are
that every patent will be found by
the patent searcher (there are
millions of United States patents to search through). In addition, while
your patent attorney’s patentability opinion may indicate that he/she
believes that your invention is patentable based upon the patents found in
the patent search, a USPTO Examiner may have a different opinion of
patentability based upon the same patents (or the USPTO Patent Examiner may
cite additional patents that they find during their own patent search).
Hence, while U.S. patent searches are generally reliable, they are not a
guarantee that you will get a patent or that a USPTO Patent Examiner will
not find additional patents.
Our U.S. Patent Search Services
We usually provide U.S. patent searches and patentability opinions
for a flat-fee. Our patent search results and patentability
are e-mailed to you in a PDF format so you receive them immediately and to
easily share them with other individuals on a need-to-know basis. When
you work with Neustel Law Offices, you will get the following with a U.S.
- U.S. Patent Search. A search of U.S. patents
and U.S. published patent applications performed by an independent patent searcher.
- Patentability Opinion. A patentability
opinion providing an analysis as to potential patentability of your
invention signed by a registered patent practitioner.
- Electronic Copies of Patent Documents.
Electronic copies (PDF) of the U.S. patents and U.S. published patent
applications found by the U.S. patent search.
If you would like a U.S. patentability search performed, the first step to work with our patent law firm is to complete our Invention Disclosure Form
. Once we receive your invention information, we will contact you regarding the flat-fee for performing the patentability search and opinion.
Request More U.S. Patent Search Information
If you would like more information about our U.S. patent search services,
you can Request a Free Patent Brochure
or call us at 1-701-281-8822 to speak with a U.S. Patent
Attorney. You can also request a patent search online using our
Legal Service Request Form.