How to Check if a Product Is Patented

A patent search helps protect new ideas and avoid infringement. This article explains how to find patents using Google Patents and the USPTO Patent Search. It also covers why checking patents is important and how to know if an idea qualifies for protection.

An invention must be new, useful, and not obvious to get a patent. Sharing an idea too soon can cause problems. Some countries may reject a patent application if the idea has been made public. Thus, keeping it private before filing is important.

International patent databases help find patents in different countries. Checking these databases gives a complete picture of existing patents. Many people make mistakes, like skipping global searches or misreading patent labels. These errors can lead to legal trouble.

Getting a patent early helps startups protect their ideas and makes businesses more attractive to investors. Knowing the patent process helps inventors and businesses stay protected and make better decisions.

Why checking patents is essential

A patent search does more than avoid legal trouble, it helps find new ideas, understand market trends, and stay ahead of competitors.

Get started with defining the product clearly

Before diving into search tools, clearly define the product in question. Ask yourself:

What is the product name?
What makes it special, unique, or different from the rest?
Is there anything similar to it already in the market?

This clarity will save you hours when navigating patent databases.

Keep your idea locked up until you're ready to share

Sharing your idea publicly or discussing it without an NDA may be risky. In most places, this would exclude your invention from being considered new. It's risky to tell others about your invention before filing a patent. It may make getting a patent more difficult.

This said, some countries are lenient - in the US, you have a year from the date of disclosure to file. On the other hand, others are strict. Always consult a patent attorney. Take the right steps to keep your invention a secret.

How do you know if something is patentable?

For a patent, your idea must meet the following rules:

Novelty: The invention should not have existed before. Before filing for a patent, make sure that it should not have been previously divulged, published, or sold. It's required to properly search to find that so far no such similar invention is known.
Utility: Firstly, the invention should have a clear, practical, and useful application. Secondly, it should have a clearly defined purpose. And thirdly, it must improve functionality and efficiency or bring new ideas to a field.
Non-obviousness: The invention should have a clear purpose - it should improve functionality and efficiency or bring new ideas to a field. An expert in the field should not see the invention as an obvious next step. It must be truly unique to get approved.

How to conduct a patent search step-by-step

1. Start with Google Patents

This is probably the easiest and most user-friendly tool available. Google Patents enables you to search global patents using keywords, patent numbers, inventor names, or company names. It also gathers data from most patent offices (although not all). It provides comprehensive information on patent specifications, claims, and legal status.

Use relevant keywords: It uses specific words related to the invention itself, such as "ergonomic chair with lumbar support", rather than vague terms like "chair." Additionally, use the synonyms and variants to capture every possible match.
Google Patents search filters: Filter your results according to filing date, location, company name, and publication number.
Review bibliographic data: Every search result contains the patent number, inventor information, and filing history. This will help track ownership and check if the patent is still active.
Use citation tracking: Google Patents shows related patents and citations. This will help analyze similar inventions and find prior art that may affect patentability.

2. Explore the USPTO Patent Search

The USPTO Patent Public Search will help you study US patents for free - it’s a free tool where users can search for patents by number. It provides detailed information on filing status, ownership, and legal events.

Free patent number search: If you have the patent number, enter it into the USPTO search tool to see the full document, legal status, and references.
Keyword-based search: Find a wide array of granted and pending patents using the exact keywords, an inventor name, or a company name.
Advanced search features: Boolean operators (AND, OR, NOT) and wildcards further narrow down searches. For example, "patent application" with specific assignees or publication numbers.
Patent classification search: Within the USPTO, searches can be done using Cooperative Patent Classification (CPC) codes to filter specific technical fields. International Patent Classification (IPC) codes are used internationally.
Legal status tracking: This tool helps track an application's history, maintenance fees, and possible patent expiration. It's important to check if a patent is still enforceable.

3. Dive into international databases

Be certain to cover all angles by not relying on only one source of knowledge. The WIPO PATENTSCOPE can be a super resource for conducting international patent searches. It allows access to millions of published patents around the world. Users can search in many languages, read descriptions, and check for legal status.

The European Patent Register is managed by the European Patent Office. With it, one can gather all the details of European patents. This offers procedural updates and opposition filings including legal events as well. Searching in many databases makes the patent search more thorough, ensuring no important details are missed.

Key details to look at on the search results

Take time to carefully review patent search results. Check if a product is patented and if any existing patent could affect your invention or business. Here's what to look for:

Patent number: identifying the patent reference

Every granted patent has a unique number. You can find it on the product, packaging, or in official patent databases. Searching this number in a database reveals legal status, ownership, and expiration details.

Filing date: understanding the timeline of the patent

The filing date is significant because it establishes the priority date. It also determines when the patent expires - 20 years for utility patents and 15 years for design patents. If a product was in use before the patent's filing date, the patent may not apply to it. Checking the earliest filing date helps confirm if an invention is truly original.

Patent status: active, expired, or pending?

A patent can be active (enforceable), pending (under review), expired (public domain), or abandoned (not maintained). Patent status affects whether the invention is protected or available for public use. Official sources like the USPTO Patent Maintenance Fees page help verify this.

Inventor & ownership details: who holds the rights?

A patent lists both the inventor and the assignee (owner). Ownership can be transferred or licensed, affecting who has control over the invention. Developing a similar product, and knowing the patent holder can help in negotiating licensing or assessing infringement risks.

Jurisdiction: where is the patent valid?

Patents apply only in the countries where they are granted. A US patent is valid only in the US. A European patent (EPO) needs approval in each country. If a patent is valid in limited regions, selling the product elsewhere might not violate any laws.

Why startups should patent now

Many startups overlook patents, but securing one early prevents competitors from copying your innovation and strengthens your market position. Without protection, larger companies can replicate your idea, making it harder to compete.

Patents also attract investors, since they reduce market risks and gain value to a startup. Business ideas involving protected intangible assets are more likely to receive investment, seeing it as a valuable asset. Secondly, patents provide a means of earning licensing opportunities, allowing startups to generate revenue without manufacturing costs.

Although it requires an upfront investment - long-term advantages such as market security, funding potential, and growth make patents a necessary strategic tool for most startups.

How to avoid errors in patent searches

One common mistake in patent searches is failing to search global databases. Since patents are territorial, a product patented in the US may not be covered anywhere else. Another pitfall is overlooking pending patents, because some inventions are still under review and may soon receive protection. Also, there can be a misinterpretation of labels which leads to wrong assumptions—because a product is labeled as "patented," it does not mean that the protection is still valid. It is always wise to verify the patent status from official sources like Google Patents Search or USPTO Patent Public Search.

Master the art of patent discovery

A comprehensive search through patents will likely prove relevant in avoiding any infringement, ensuring the protection of innovations, and finding business opportunities. Using such services as Google Patents, USPTO Patent Public Search, and WIPO PATENTSCOPE proves helpful in establishing whether a product is patented, who owns it, and if the legal status of a patent stands valid. Patent filing at the earliest stages proves to be the best for startups, which along with retaining competitiveness may continue to attract investors and open up possibilities for licensing opportunities.

A well-executed patent search ensures you make informed decisions about product development, investment, and expansion. Keep in mind the expertise provided by Trademarkia's PatentExpress will streamline the process of dealing with complex filings. Now, take the next step - search, verify, and protect your ideas with confidence.

Additional resources

Glossary of legal terms

Patent - A legal right granted to an inventor, giving exclusive control over an invention for a specific period.
Prior art - Any evidence that an invention is already known, including previous patents, publications, or existing products.
Patent pending – A status indicating that a patent application has been filed but has not yet granted. Patents don't provide enforceable rights until granted.
Patent expiration – The date when a patent's protection ends.
Assignee – The individual or entity that holds the rights to a patent, which may differ from the original inventor.
Patent classification – A system that categorizes patents based on technical fields, such as IPC (International Patent Classification) or CPC (Cooperative Patent Classification).
Maintenance fees – Periodic payments required to keep a patent active and enforceable.
Patent licensing – A legal agreement that allows another party to use a patent in exchange for royalties or fees.
Patent assignment – The transfer of patent ownership from one party to another.
Patent jurisdiction – The geographical area where a patent is enforceable, such as a specific country or region.