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Preliminary Patentability Searches

Online Database Searches

Infringement & Validity Searches

Online Database Searches

Computer-retrieval key-word searches are quick and relatively inexpensive, but are often not reliable. You may be able to do some no-cost on-line searching yourself, as there are a number of websites that have patent information available for searching free of charge. The U.S. Patent Office has a searchable patent database accessible from its website at http://www.uspto.gov/. By following the "Search U.S. Patents" link, which contains basic data about those U.S. patents that have been entered into the searchable database, a first-impression search result can be obtained. The Canadian Patent Office also has a similar searchable on-line facility at http://Patents1.ic.gc.ca/intro-e.html. If you wish to make your own investigation, also bear in mind that some libraries keep at least abbreviated records of Canadian patents that are accessible by the public without charge. However, this free service is often insufficient to reveal enough information to enable you to judge whether your invention is likely to be patentable. Because of their inherent unreliability, we seldom conduct on-line patentability searches, but may occasionally do so to obtain a quick first impression.

Commercial on-line databases are also available, and are usually priced according to the time spent on-line and the number of reports retrieved. Some can be searched by different fields. For patentability search purposes, key-word searching is usually done. Such searching generates rough and ready R20;state-of-the-artR21; reports that reveal a sampling of recent patents on the subject matching the key-word selection. A local such service is Patex Research & Consulting Ltd., an on-line service located at 5230 Patrick St. Burnaby British Columbia. You can submit your query to Patex, who will then search various patent databases, the price depending on the selection of countries in which searching is conducted. It is a relatively inexpensive service with a relatively rapid turn-around time. View Patex at http://www.patex.ca, or telephone (604) 438-5935, or e-mail ron@patex.ca for information.

Further, if it is known that a patent exists in one country but not whether counterpart patents exist in other countries, some databases can be used to identify families of patents in a number of countries. Some computerised databases can also be used to find information on who owns a given patent in a given country, when that patent was granted, and so forth.

Most computerised databases organized for patent searching are usually limited to information that can be found in granted patents or published patent applications.  They typically do not include other literature. Further, they usually lack data pertaining to older patents; many are reliable only for patents up to 20 to 25 years old. Because reclassification of patents in such databases may not occur, classification-based searches in such databases may become increasingly unreliable over time.

But the biggest drawback to computerised searching is simply the unreliability of key-word searches themselves. It is difficult to ensure that the key words chosen exhaust every possible synonym. To take a simple example, patents for heaters may not use the word "heater" at all, but may alternatively use some other word or phrase such as "furnace", "radiant element", " thermal convection apparatus", "incandescent filament array", or "control apparatus for selectably raising temperature", to mention only a few possibilities. If the purpose of the search is to determine the patentability of a given invention, the failure of a key-word search to uncover a pertinent previously granted patent can completely undermine the utility of the search.

Nothing here written constitutes legal advice. The accuracy of what is written is not guaranteed.   
Please consult us about any specific matter on which you require legal advice.    © Barrigar Intellectual Property Law 2001