Avoiding Patent Reproduction
 
Avoiding Patent Reproduction

First time inventors often have a lot of questions that need answering. "What paperwork do I need to file?" "Should I get a patent lawyer?" "How much money will I need to sell my product?" "How do I determine if my invention already exists?"

All of these are legitimate questions. However, before you pursue getting a patent, arguably the most important question is the latter: "How do I determine if my invention already exists?" Luckily, in the present, there are a number of ways to make sure you haven't reproduced someone else's patented creation. Whether you're an independent inventor or are in charge of making sure that your company's many new technologies are recognized by the US Patent and Trademark Office (USPTO), you can use similar methods to determine if you could be making a copycat product. In addition, if you've made a career out of inventing, there are many sources available to stay on top of recent patents filed so you know what trends and technologies are fashionable and marketable.

The first place to look for filed patents is in online databases. The advent of the internet has brought with it a number of places online where information about patents that are currently in filing process or have been granted can be obtained. Such websites as Patentmonkey, Freepatentsonline, Wikipatents, or espacenet contain extensive databases of patents filed by many sources. While these websites are arguably good quality, they don't always update recent patent activity. If a patent has been bought or sold, or if patents have been based upon prior creations, it's likely that sort of information has not been updated in the databases, and when you go to file a patent, you may come across some surprises.

One way to ward off these unexpected obstacles is to expand your search. You could, for example, run a patent search on a number of these websites to see if there are any changes to the patents listed in one database and not the other. You could also compare your results to the information that the USPTO database has, which is also accessible online. Nevertheless, if a patent has been filed via a PCT - an international patent application - you may need to expand your search.

You can start by looking at court cases in the United States. The US Court of Appeals for the Federal Circuit offers a website where you can search for cases related to patents. The information available is comprehensive and is kept very much up to date. Another great national website is the Kuester Law Technology Law Resource website. This center for intellectual property includes news about patenting, intellectual property lawmaking, and pertinent inventions that could be of interest to you as an inventor.

If you're more interested in obtaining an international patent, there are also a number of places you can check for prior creations. One is the Hieros Gamos website, which contains a well-populated international directory of lawyers, legal jobs, court cases, articles and any other legal-related information one may need. This website is quite thorough, and it may be difficult to navigate at first, but some may find that this is the best one-stop-shop on the web for patent review. If you find Hieros Gamos to be too thorough, you can run a search through the World Intellectual Property Association. Unlike Hieros Gamos, this website is targeted for those who are only interested in the patenting process.

You can also go to patenting websites of other countries. China, Canada, Australia, even the European Union have their own patent databases to review. If you choose to file an international patent, the searches will be done regardless of this process, and they can take up to sixteen months to complete. Therefore, although doing the searches on your own through a number of web portals may take some time, it'll save quite a bit of time if your invention has already been patented.

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Articles
All about Design Patents

All about Patenting a Business Method

All about Plant Patents

Avoid Being Patent Trolled

About Invention Company Scams

Avoiding Patent Reproduction

Can Your Idea Be Patented

Famous and Inspiring Patent Holders

Frequently Asked Questions about Patents

Get a Patent without Using a Lawyer

Get the Confidence to Patent

How the PCT Can Help an Inventor

How to Conduct Market Research

How to File a Patent Application

How to Patent a Microorganism

Inventing as a Home Based Business

Pharmaceutical Patent Application Specifics

Software Patents Across the World

The Patent vs

Tips for Creating Quality Patent Drawings

Understanding Patent Mapping

What a Business Plan Can Do to a Patent

What Inventors Should Know About the Patent Reform Act

Why to Get a Patent Lawyer

Why to Try Your Hand at Inventing

 

Disclaimer: The Publisher has strived to be as accurate and complete as possible in the creation of this website, notwithstanding the fact that he does not warrant or represent at any time that the contents within are accurate due to the rapidly changing nature of the Internet.

This site is a common sense guide to Avoiding Patent Reproduction. In practical advice websites, like anything else in life, there are no guarantees of income made. Readers are cautioned to reply on their own judgment about their individual circumstances to act accordingly.

This site is not intended for use as a source of legal, business, accounting or financial advice. All readers are advised to seek services of competent professionals in legal, business, accounting, and finance field.

Any perceived slights of specific people or organizations are unintentional.

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