Barrigar Intellectual Property Group

So that we may arrange a preliminary patentability search, we should be provided with the following:

A description of the invention, including its structure, operation, mode of manufacture, and intended use. This should include a statement of any possible variants or modifications that could be made without departing from the general underlying concept of the invention.

Sketches, drawings or photographs, charts or diagrams, as appropriate, preferably including reference numerals or letters used in the description.

A brief summary of the most closely corresponding prior devices or technology, including a discussion of problems with such prior art overcome by the invention, or advantages over such prior art obtained from the invention.

A summary of those structural and operational features of the invention considered to be novel and unobvious, and of any novel and unobvious results obtained. Note that separate searches should be directed to each individually novel and unobvious feature of the invention that you wish to protect. As noted above, searching for more than one potentially patentable feature adds to the cost.

For more information on preliminary patentability searching, please click here.

Sometimes an inventor intends not merely to patent the invention but also to manufacture, sell or use it. In so doing, as mentioned above, the inventor may possibly infringe someone else's patent. An infringement search ("right-to-manufacture search") may be indicated. Because substantial investments may be involved in order to commence the manufacture of a product, an infringement search is more thorough and comprehensive than a preliminary patentability search, and consequently much more expensive. An infringement search must be done in every country in which the inventor intends to make, sell or use the new product, process or apparatus.

For an infringement search, the inventor should provide as much of the foregoing information as is pertinent, with perhaps greater attention being paid to all major components of the new machine, product, process, or the like, whether such components are considered to be novel or not. The client should also name any known manufacturers of competing products, etc., identify any known foreign counterpart patents, and provide competitors' catalogues or brochures where applicable and available. As these searches can be quite complex in their planning and execution, we need to obtain a very complete understanding of the client's intended machine, product, or process before searching.