How do I find out if someone else invented my concept first? Is there a way to search for my concept?

Unlike writing a patent, you can, and should, search for your concept yourself!! When searching, I tell entrepreneurs to focus on novelty (a “novelty search”) and ignore non-obviousness. Indeed, there are plenty of rich databases to search for your invention. You can start by searching Google to get a high-level view, and then follow up with any of a variety of different patent search sites. Note that although most of the common search databases search patents, just view the patents as if they were papers describing their technologies.

A few good databases are:

You also can hire firms that specialize in searching patents (typical cost for novelty search is $450-$700). Law firms can search too, but the cost is typically higher than that of a search firm.

People in the patent world refer to information used to determine if your invention is novel and non-obvious as “prior art.” You can think of prior art as the storehouse of publicly available human knowledge before you file your patent application. As such, prior art includes not just prior patents, but papers, web sites, pictures, presentations, and products, among other things.

 

Steven Saunders is an Intellectual Property Attorney at the Boston-based law firm, Nutter. Steven can be reached at ssaunders@nutter.com.

For more information about Steven, See Steven’s Martin Trust Center Biography at: https://entrepreneurship.mit.edu/profile/steven-saunders/

 

Intellectual Property Protection

23 articles

How can I protect my innovations? I’ve heard of patents, trademarks, trade secrets, etc.

Arrow

What are the legal requirements to get a patent?

Arrow

Is software patentable?

Arrow

I don’t have the resources to sue someone who is infringing. Why bother patenting my invention?

Arrow

MIT owns some patents that I’d like to use. How can I do that?

Arrow

External content: What is the patent process? (Via Dragon Innovation)

Arrow

External Content: Do entrepreneurs really need patents? (via MIT Bootcamps)

Arrow

How do I get a patent? Can I prepare a patent myself? I can write a good technical description.

Arrow

Even if I can legally get a patent, are there reasons to not get a patent?

Arrow

A license sounds like a big commitment. I’m not ready for that yet. Can I wait a while to take a license?

Arrow

External content: Cheat Sheet for Intellectual Property from Bricolage Law LLC

Arrow

External content: MIT Bootcamps webinar series on IP Law

Arrow

Why do entrepreneurs need to protect their technical and scientific innovations?

Arrow

What experience should I look for in a good patent attorney or patent agent?

Arrow

What if I told someone about my innovation? Is it too late to protect it?

Arrow

Someone told me not to search patents because it can get me in trouble. Is that true?

Arrow

What is a Provisional Patent Application?

Arrow

What is the difference between a utility patent and a design patent?

Arrow

After I file my patent, I can sell my patented product with no worries, right?

Arrow

What are common license terms for intellectual property?

Arrow

Does my US patent protect me in other countries?

Arrow

How do I handle international filings?

Arrow