The first step in protecting your invention is conducting a patent search (also known as a prior art search). Prior art is anything similar to your invention and is what determine the novelty (patentability) of your invention. A search of United States published patents and patent applications will determine the level of prior art at the United States Patent and Trademark Office. This will determine what aspects of your idea can be patented and what aspects are anticipated by prior inventions. A patent classification search may also be conducted to locate patents and applications in the same field of invention as your disclosure. Results are obtained using in-house software that pulls data from several sources, ensuring a thorough search is conducted. The results are then summarized in a detailed search report that describes the relevant prior art and how it relates to the disclosed invention. After you receive and review the report we will schedule a free consultation to review the results with you over the phone and discuss the legalities of what was found as well as your options for moving forward.
The cost of a patent search with legal opinion ranges from $400-$600, depending on the invention.
All patent searches are conducted by our experienced team of United States Patent Attorneys and Agents. Results are delivered to the client within 48 hours. All searches include a written report and a phone consult to discuss our findings.
CALL NOW FOR A FREE CONSULTATION WITH A PATENT ATTORNEY (856) 294-6010
IMPORTANT CHANGES TO PATENT LAW IN THE US
New 35 USC § 102 – FIRST TO FILE
Under the Leahy-Smith America Invents Act, the U.S. patent system will be changing to a “first to file” system. This change takes place on March 16th, 2013 and will impact you. In addition to being the first to invent, you must also be the first to file a patent application or you will not be able to obtain a patent. Both a provisional and nonprovisional patent are considered filings for purposes of securing rights to your invention. Timing is imperative as a result of these changes and you should attempt to have a patent filed as soon as possible. As a consequence of these changes, another person may file for a patent on your invention or an invention similar thereto and prevent you from ever obtaining a patent – this is true regardless of whether you were the first to invent. All patents filed on or after March 16th, 2013 are subject to these new laws.