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Legal Definitions - patent search

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Definition of patent search

A patent search is a process of researching existing patents to determine if an invention is new and unique enough to be granted a patent. When someone applies for a patent, they must prove that their invention is original and not already patented by someone else. A patent search helps to ensure that the patent application is not rejected due to similarities with existing patents.

For example, if someone invents a new type of phone case, they would want to conduct a patent search to make sure that no one else has already patented a similar phone case. If they find that someone else has already patented a similar phone case, they may need to modify their invention to make it more unique before applying for a patent.

A patent search typically involves reviewing previously issued patents using a database provided by the United States Patent and Trademark Office (USPTO). The USPTO offers two databases, PatFT and AppFT, which contain patents from different time periods. The USPTO also provides a seven-step strategy to assist applicants in conducting a patent search.

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Simple Definition

A patent search is when someone looks to see if their invention is already patented. If it is, they cannot get a patent for it. They usually do this before they apply for a patent. They can use a database from the US Patent and Trademark Office to find patents that are similar to their invention. This helps them make sure their invention is new and unique.

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