Patentability Search
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A patentability search is also referred to as a novelty search. The purpose here is to uncover all documents related to the inventive concept.

Documents can include US and foreign patents and published applications, journals, web sites, etc. However, usually the search is specified to cover only US patents and publications or US and foreign patents and publications.

The searcher will identify relevant classes and subclasses from the US Patent Classification, consulting knowledgeable examiners (preferably primary examiners), if necessary. When the searcher has enough time, it is best that they lay out their own search, i.e., identify relevant subclasses (including what appear to be relevant or are questionable). Then the searcher can use the classes in the layout to find the corresponding art units at the USPTO from the examiner locator on the USPTO.GOV web site. The examiner locator gives a list of examiners in each art unit. With a phone call or an e-mail (use firstname.lastname@uspto.gov) to the examiner (preferably a primary examiner, but many junior examiners are also quite knowledgable), the searcher can obtain overlapping and additional subclasses.

If the searcher is familiar with ECLA (the European Patent Classification), they can lay out a search using this system and review relevant patents in the EP.ESPACENET.COM web site. ECLA includes all of IPC (Internation Patent Classification).

When the searcher finds a document that is directly on point with the inventive concept being sought, this document can be used as a starting point to find other related documents. The on-point document provides cited patents and other references, assignee, inventor, classification and terminology that can be useful. Also other referencing documents, i.e., documents referencing the on-point document can be found that may be useful as well.

Trademarks can sometimes be used in a search when relevant to the inventive concept. A trademark search on the USPTO.GOV web site can reveal the date of first commercial introduction and the company owning the trademark. Then the searcher can review the company's web site for additional information, e.g., terminology, technology, products, timelines, patents, researchers, etc.

A web search can also uncover useful information. HOWSTUFFWORKS.COM and on-line vocabularies and dictionaries are useful to find related terminology and technology. Also, trade associations and educational institutions have useful web sites.