Using a patent search also allows the inventor to learn from other competitors what they did, and to learn how others solved problems in a better or less good way. There is no obligation to carry out a search, i.e. the patent authorities do not ask a person filing a patent to provide them with any patent search.
However, if an inventor has carried out a patent search, he is then obligated to submit the patent search and the publications known to him to the patent authorities, for example in Israel and the USA; not all authorities ask to be updated on publications known to the inventor. This rule also applies to the inventor’s representative, i.e. the attorney and patent attorney.
Free Patent Search on Google
Google has opened a patent search engine to the general public that is relatively easy to search. It is true that there are search engines that will claim to be better, but the advantage of Google is that it is an accessible engine that, compared to other search engines, is easier to use, and it is a free search engine at no cost.
An inventor who has an invention can, and should, carry out a patent search on the Google engine, for example. You can enter search words and receive results; the more words we add to the same search, the more focused the search will be.
For example, if we write “chair”, we will receive broad search results on various types of chairs. If we want to focus the search, we will write, for example, “motorized wheelchair”, and thus focus the search on the subject of the invention in question. The search is in English.
Here is a link to the Google search engine: Google Patents search (which combines several patent databases)
Other Existing Patent Search Engines
A patent search can also be carried out in engines limited to certain information, such as patents only in the USA, only in Europe or only in Canada. Here are several examples with links:
At the European Patent Office: European search
At the US Patent Office: US search
At the Canadian Patent Office: Canadian search
At WIPO, search of international PCT applications: WIPO search
Beware of Information Companies that Claim to Have Found the Patent
Beware of various information companies that charge inventors a fee and, within a few days, claim to tell whether or not they found the patent. First of all, if a paid patent search is carried out, it is worth doing it with an attorney and patent attorney who can give an opinion as to whether or not there is a chance of obtaining a patent.
Sometimes there are many patent search companies that provide a legal conclusion, contrary to the law, as to whether or not a patent can be obtained. In many cases they mislead inventors. We have already seen reports that claimed a patent could not be obtained, and the inventors obtained a patent, as well as reports that a patent could be obtained, and no patent was granted.
The one who decides whether or not a patent can be obtained is the patent examiner, who has discretion that differs from examiner to examiner and from country to country. Therefore, for the same wording, one can sometimes see one examiner grant a patent and another examiner in another country not grant a patent.
In addition, companies that deal with patent searches in many cases provide a long list of publications, most of which are not relevant, and even if there are relevant ones, in many cases they can be overcome by one legal wording or another, and they do not constitute the essence of the invention.
In addition, as mentioned above, there is an obligation to report a patent search to the patent authorities from the moment it was carried out, and after a certain period, for example in the USA, such reporting involves fee costs and legal fees.
In many patents today one can see a list of sometimes dozens of patents found by the patent examiner of the patent authorities, some of which are similar to the invention in question, and despite these similar publications in the field of the invention, a patent is granted whose scope is defined in the claims accepted after the examination.
Moreover, there are various proceedings in intellectual property, i.e. protection is not always obtained by means of a patent; there are designs, utility models and other protections that do not require an inventive step but only novelty, so without professional advice it is not advisable to make a decision.
There is not always an unequivocal conclusion as to whether or not a patent can be obtained. Sometimes it involves an exchange of documents between the examiner and the attorney and patent attorney, interviews, and telephone and face to face conversations. Even when an examiner refuses to grant a patent, a request is sometimes filed to present arguments before the Registrar, and despite the examiner’s refusal a patent is granted. Sometimes one word can make the difference between obtaining a patent or not.
Of course, the domestic law in each country can affect the grant of the patent. For example, in Israel it is harder to obtain patents for software and applications than in the USA; in some countries the examination is different from that in other countries, and the examination also varies according to the type of application filed.
The above information regarding patent searches is partial and incomplete. An attorney and patent attorney should be consulted in each case individually. For more details, call +972-3-9711013.