I recently wrote about the new patent search tool launched by the UKIPO (see our blog for more information), which obviously recognises the importance to innovators and R&D teams (amongst others) of effective patent searching. On the back of that, I thought it would be useful to briefly summarise the types of patent searching (and their usefulness). So, what is patent searching?
What is patent searching?
The term ‘patent searching’ covers a number of different types of searching, and the type you need depends on what you want to achieve. There are main types of patent searches, namely:
- Patentability searches (to see if your invention might be novel enough to try and patent)
- FTO or infringement searches (to see if your product might infringe someone else’s patent)
- Patent landscape searches (to see what’s going on in your technical field, who your main competitors are, and what specific areas of your field they may be working in)
So, the type of patent searching you do depends on what you want to achieve or find out.
Patent searching as a design tool
Another valuable use for patent searching is as a design tool. For example, if you are trying to solve a particular problem in your own R&D, you can use patent searching to see if anyone else has come up with a solution to the same problem, which (if they have) could save you re-inventing the wheel! For this type of searching, you can use one of the free online searching platforms, such as Espacenet – patent search and use keywords (and other parameters) to find what you are looking for.
A word of warning
Patent searching can never be considered to be 100% comprehensive and complete, and there are a number of reasons for that. Firstly, especially with keyword searching, spelling and translation mistakes in the documents can result in relevant documents being missed because the keywords you have used don’t match. For this reason, we would always recommend using a specialist patent searching company, which uses sophisticated algorithms to mitigate some of these problems and provides much more reliable results.
Also, patent applications are not published until 18 months after they are filed, so any applications filed less than 18 months before the search is performed will not be found. This is a particular drawback when it comes to emerging technologies, as most of the applications in those types of fields will have been filed relatively recently.
Nevertheless, patent searching is recognised as an important tool, that is used by effective innovators and R&D teams around the world.
Need Help?
We would always recommend that you use a professional search company and an attorney to perform (at least) patentability and FTO searches so that the search strategy can be properly formulated and a legal analysis of the results performed.
If you need help with a patent search, or have any other burning IP issues, please book a free initial consultation by emailing vicki.strachan@strachanip.co.uk or visit our website at https://strachanip.co.uk/contact/, or why not schedule a mutually convenient time to speak using our Calendly link: https://calendly.com/strachan-ip-a-fresh-view-of-intellectual-property/30min
