Before you spend a lot of money on a patent application, you need to have me carry out a patentability search to make sure it’s new. If it’s not new, there is no sense in paying for a patent application because the patent office will conduct another search and if it’s not new, the examiner will reject your case.
A search is only $550, including a search in the US Patent Office Database and also searches on internet search engines to see if it’s already on the market. Only about 10 percent of the patent products reach the market – but an earlier patent will still prevent you from getting another patent on the same thing.
A patent search with the help of a humble lawyer in Chicago can go a long way in helping you! The $550 for the search is way less than a patent application which is several thousand dollars. A search may also give you ideas about improving your product before you build a prototype – that will save you money.
The definition of prior art that may block your patent is complicated and I can’t explain it all here. The general rule is that a publication anywhere in the world before a file will block you. That’s another reason you need to file promptly.
Sometimes there are escape routes from that and we will discuss them if they apply to your case and facts.
If you or another attorney have done a good search. We may just pass the search.
When I write you patent application, there is a section called, “Background of the Invention”. This is where I cite the search results to the examiner and tell him and possibly a judge later, why the prior art is not relevant to your invention.
This search is called a patentability search and only determines if you can get a patent. It does not reveal if you are infringing someone else’s patent – that search is an infringement search and is more costly because the claims of the patents found must be studied and analyzed.
We do not need engineering drawings for the search – only a sketch – if necessary you can do such a sketch in my office with my assistance.
If you contact me by email, I can tell you what we need for the search.
CALL 847-413-1000 OR EMAILVICVARDON@PATAPP.COM or call office at 847 884 9135 9135
D V ALLEN & ASSOCIATES