PATENT DATABASE SEARCHING TIPS:
Free-text searches are not reliable for patent subjects. There is no requirement that patent titles and descriptions be in straightforward English: your description of a machine or design may be very different from other inventors' descriptions of similar items. A word search will probably retrieve something on your topic, and you can look at those patents to see what the likely patent Class would be for that invention.
To do a comprehensive search, you need to find the Class and Subclass into which your invention would fall. One way to do this is to use the Index to the U.S. Patent Classification.
These and other tools are listed on the USPTO website under the Tools and Manuals section of the Patents Guidance, Tools and Manuals page.
Once you have likely classes for your invention, you can use the patent database to search for other patents in that class. Compare drawings, but note especially the Claims made in patents for items similar to yours. The Claims define what is new and what is protected by the patent.
Searching for all patents in a class/subclass on the USPTO website:
In the Advanced search screen, enter your search in the format: CCL/class number for example, if the class/subclass is 211/13.1, type: CCL/211/13.1
Or, in the Basic search screen, select "Current Classification Code" from the pull-down men and type the class/subclass number: 211/13.1
To search for everything in a patent class, use right truncation like this: CCL/211/
PATENTING RESTRICTIONS
A U.S. patent cannot be obtained if an invention has been described in a printed publication anywhere in the world, or if it has been i public use or sale in the U.S. before the date that the applicant made his/her invention, or if an invention has bee ni public use or on sale in the U.S. more than one year before the date of filing of the application. If does not matter whether the use or publication was by the inventor themself.
An application must be filed within one year any publication, public demonstration, or sale of the invention, therefore a search of the published literature is essential iun order to know if “your” invention has been previously used or described.
ADDITIONAL PATENT SEARCHING & MONITORING TOOLS
Official Gazette: Patents (eOG:P)
Every Tuesday, the Official Gazette lists patents issued during the previous week arranged by number and class/subclass. It provides an abstract and one illustration for each patent, as well as links to the full text of each patent in the USPTO database.
The Official Gazette website maintains the past 52 weeks of patent publications.
The Official Gazette: Patents and its sister publication, The Official Gazette: Trademarks, are beneficial for quickly reviewing new patents and trademarks within specific classes to detect possible infringement on a patent or trademark you own.
Patent Depository Libraries and Resource Centers
Each state in the U.S. has at least one major library designated as a Patent Depository Library. Closest to Cooper Union is the New York Public Library's Science Industry & Business Library (SIBL) at Madison Avenue and 34th Street; entrance at 188 Madison Avenue.
In addition to various search tools, indexes, and legal resources, SIBL has a complete set of all U.S. patents and an extensive collection of international patents and related materials.
A patent search...
...lets you know if an invention already exists or has been patented.
...is necessary for writing the Information Disclosure Statement required in a patent application.
You can apply for a U.S. patent online: uspto.gov/patents/apply
But you'll probably want more guidance than that! A good place to get started is with the New York Public Library's wonderfully comprehensive guide to patents: libguides.nypl.org/patents
Are you more of an in-person person? The Thomas Yoseloff Business Center, located on the 5th Floor of the New York Public Library at 455 5th Avenue, is a designated Patent and Trademark Resource Center.
A U.S. patent gives you, the inventor, the right to “exclude others from making, using, offering for sale, or selling” an invention or “importing” it into the U.S...What is granted is not the right to make, use, offer for sale, sell or import the invention, but the right to stop others from doing so. If someone infringes on your patent, you may initiate legal action. U.S. patents are effective only within the U.S. and its territories and possessions.
[Quoted from USPTO Patent Essentials]
A patent is granted by a country's intellectual property office.
The United States Patent and Trademark Office (USPTO) is located in Alexandria, Virginia. In the old days you would have had to visit them in person to file or research a patent, but now you can do most everything online via www.uspto.gov
