👉 A systematic review of patents literature
🎙 IP Management Voice Episode: Patent Search
What is a patent search?
A patent search is an important step in ensuring the protection and exploitation of inventions. It is used to determine the current state of the art in a particular field and to check whether an invention is actually new and patentable.
The main objective of a patent search is to find out whether an invention is already protected by an existing patent. This avoids filing an invention that has already been patented.
A patent search helps to assess whether an invention meets the criteria of novelty, inventive step and industrial applicability and is therefore patentable. In addition, a patent search can also pursue the following objectives:
- Estimation of the scope of protection
By analysing comparable patents, the possible scope of protection of an invention can be better estimated. In this way, strategies for granting and defending patents can be developed. - Identification of infringement risks
A patent search can also reveal whether the planned invention could potentially infringe the rights of third parties. This helps to identify and minimize risks at an early stage. - Patent
Searches provide valuable information about the activities of competitors in a field of technology. This makes it easier to assess trends and developments.
The complexity and scope of a patent search depends on the objective and resources available. It is advisable to seek assistance from experienced professionals such as patent information centres, patent attorneys or specialist search companies when conducting a patent search. Patent search is an iterative process that should be carried out continuously in order to stay informed about the latest state of the art.
A careful patent search is a crucial step in ensuring the protection and exploitation of inventions. It helps to identify risks at an early stage, to develop strategies and to exploit the value of the invention in the best possible way. For both companies and individual inventors, a professional patent search is therefore an important tool in innovation management.
Why is a patent search important?
In the dynamic environment of technology and innovation, patent searches play a central role for companies, universities and individual inventors. Patent search is an indispensable tool for all players in the field of technology and innovation. It offers a wide range of advantages that can lead to greater legal certainty, innovative strength and entrepreneurial success. Through the systematic search for patents and other intellectual property rights, it provides access to valuable information about the state of the art and thus offers numerous advantages:
- Avoidance of infringements of intellectual property rights
A patent search is essential before filing a patent application for your own invention. It serves to ensure that the invention is not already protected by an existing patent. This can avoid costly legal disputes and claims for damages. - Assessment of the protection potential
The analysis of patents enables a realistic assessment of the protection potential of one’s own invention. In this way, it is possible to make a well-founded assessment of whether a patent application is sensible and promising. - Competitor Identification
Patent searches can be used to identify potential competitors and their patents. This allows for better market orientation, strategic planning and the avoidance of unnecessary duplication of development. - Brainstorming and inspiration
The analysis of patents can provide new ideas for one’s own development work and product innovations. Knowledge of existing solutions can lead to new approaches and technical improvements. - Support in business decisions
The results of a patent search can provide important decision-making aids for companies. In this way, R&D activities, investments and product developments can be managed in a targeted manner. - Gain information about trends and developments
Patent search makes it possible to stay up to date with the latest trends and developments in a particular technical field. In this way, the company can strengthen its innovative strength and keep its finger on the pulse. - Fulfilment of legal requirements
In some industries and in certain funding programs, a patent search may be a mandatory requirement.
How do I conduct a patent search?
A patent search is a structured process that helps to determine the current state of the art in a particular field and to check the patentability of an invention. The process of a patent search usually involves several steps that must be carefully planned and executed.
A professionally conducted patent search is a crucial step in innovation management. It helps to identify risks at an early stage, to develop strategies and to exploit the value of inventions in the best possible way. By systematically analysing the state of the art, companies and individual inventors can make informed decisions and strengthen their innovative strength.
Step 1: Determine the research topic and search terms
The first step of a patent search is the exact formulation of the search topic and the selection of suitable search terms. The following questions should be clarified:
- Which technical solution or invention should be researched?
- Which key terms, classifications or synonyms best describe the topic?
- Should the research be limited to specific countries, fields of technology or time periods?
A precise definition of the topic and selection of search terms is crucial to find relevant patent documents and to carry out the search efficiently.
Step 2: Search patent databases and other sources of information
The next step is the actual patent search in suitable databases. Various free and commercial providers are available for this purpose, such as:
- Espacenet (European Patent Office)
- PATENTSCOPE (World Intellectual Property Organization)
- DEPATISnet (German Patent and Trademark Office)
- Google Patents
- USPTO Database
Depending on the aim and scope of the search, specialized databases or search portals can also be used. It is important that the search is carried out systematically and in a structured manner in order to identify as many relevant patent documents as possible. In addition to the free databases, there are also a variety of paid databases and database services such as:
- DCPI Derwent Patents Citation Index (Derwent Information Ltd. London, UK)
This database contains all citations for granted patents from various countries such as the European Patent Office, Germany, Great Britain, Japan and the USA. - STN International FIZ Karlsruhe databases
- CA – Chemical Abstracts (Chemical Abstracts Service, Columbus/Ohio, USA)
This database contains more than 22 million entries on chemical substances and processes. - DRUGPAT
This database contains more than 93,600 relevant articles and patents for over 1,500 chemical compounds and pharmaceutical products since 1987.
There are several other sources of information for patent searches. These include, for example:
- Scientific literature
Journals, books, and other scientific publications can provide valuable information about new inventions and technical developments. - Technical Reports
Reports from universities, research institutes, and companies can contain detailed information about research and technical solutions. - Trade fairs and conferences
The exchange with experts and companies at trade fairs and conferences can provide new insights into the state of the art and potential intellectual property rights.
Appropriate search strategies must be used when searching. Effective search strategies are important to find the relevant patents from the wide range of information available. These include, for example:
- Keyword search
Searching for relevant terms and synonyms in the titles, abstracts, and descriptions of the patents. - Classification Search
The use of the International Patent Classification (IPC) to search for patents in specific technical fields. - Inventor search
The search for patents of a specific inventor or company. - Applicant Search
The search for patents filed by a specific company or organization.
Step 3: Review and analysis of patent documents
After the patent search has been carried out, the documents found must be viewed and analyzed. The following aspects should be taken into account, among others:
- Is the invention really new and inventive?
- How is the scope of protection of the patent defined?
- What variants or further developments are possible?
- Are there any indications of possible injury risks?
A careful analysis of the patent documents is crucial in order to be able to correctly classify and evaluate the results of the search.
Step 4: Evaluation of the research results
Based on the analysis of the patent documents, the search results can now be evaluated. The following questions need to be clarified:
- Is the invention patentable or are there indications of grounds for refusal?
- How can the possible scope of protection of the invention be assessed?
- What are the risks of patent infringement?
- What conclusions can be drawn for the future innovation strategy?
This valuation forms the basis for making strategic decisions on the application and exploitation of the invention.
Step 5: Documentation of the research results
Finally, the results of the patent search are carefully documented. These include:
- A summary of the research objectives and methodology
- A list of relevant patent documents with brief analyses
- An assessment of patentability and scope of protection
- Recommendations for further action
This documentation serves as a basis for further decisions and can also be made available to third parties, such as patent attorneys or investors.
Patent search is an important tool for companies, universities and individual inventors to determine the state of the art, avoid IP infringements and make strategic decisions. By applying the steps described and using appropriate sources of information, an effective patent search can be carried out that provides valuable insights and leads to success in the field of technology and innovation.
Depending on the decisions made based on the results of a patent search, patent search experts and patent attorneys should be consulted.
What are the most important sources of information for a patent search?
In the field of technology and innovation, patent search is an indispensable tool to determine the state of the art on a particular topic, to avoid infringements of intellectual property rights and to make strategic decisions. The selection of the right sources of information plays a decisive role in the effectiveness and success of the research.
Choosing the right sources of information is an important factor in successfully conducting a patent search. By taking advantage of the wide range of possibilities and applying the strategies described, companies, universities and individual inventors can gain valuable insights that are crucial for innovation, strategic decisions and the prevention of IP infringements.
National and international patent databases
- DEPATISnet
The official patent database of the German Patent and Trademark Office (DPMA) provides access to German and international patents, trademarks and designs. https://www.dpma.de/ - eSearch Plus
The European Patent Office (EPO) offers access to an extensive portfolio of European and international patents with eSearch Plus. https://euipo.europa.eu/ohimportal/en/esearch - Other national databases
Many countries operate their own patent databases that provide access to national patents and intellectual property rights.
Commercial Patent Databases
In addition to the free offerings, there are also various commercial patent databases that offer a wider range of features:
- DCPI Derwent Patents Citation Index (Derwent Information Ltd. London, UK)
This database contains all citations for granted patents from different countries. - STN International FIZ Karlsruhe and databases there.
- CA – Chemical Abstracts (Chemical Abstracts Service, Columbus/Ohio, USA)
This database contains more than 22 million entries on chemical substances and processes. - DRUGPAT
This database contains more than 93,600 relevant articles and patents for over 1,500 chemical compounds and pharmaceutical products since 1987.
These commercial providers often offer advanced search capabilities, analysis tools, and export capabilities that can be beneficial for professional patent searches.
Scientific literature
- Scientific journals
Scientific journals publish current research results and new inventions. - Conference Proceedings
Conference proceedings contain the results of scientific conferences and symposia.
Technical Reports and Standards
- Standards
Standards set uniform standards for technical products and processes. - Technical Reports
Universities, research institutes, and companies often publish technical reports that provide detailed information about research and technical solutions.
Fairs and conferences
- Trade fairs
Trade fairs offer the opportunity to get in touch with experts and companies from the industry and to learn about new developments. - Conferences
Current research results are presented and discussed at conferences.
Further sources of information
- Patent Information Offices
Patent Information Centres offer advice and support in patent searches. - Universities and research institutes
Universities and research institutes can provide access to specialized databases and expert knowledge. - Companies
Companies may have their own patents and intellectual property rights that may be relevant to the search.
Selection and use of information sources
- The selection of relevant sources of information depends on the objective and complexity of the patent search.
- It is important to use different sources of information to get a comprehensive picture of the state of the art.
- The research should be carried out iteratively, i.e. the search terms and the sources of information should be adjusted if necessary.
- It is important to take into account the timeliness of the sources of information.
What are the free patent search options and how much does a patent search cost?
The choice between free and paid patent search options depends on individual needs and budget. For basic research, free databases and resources may be sufficient. For complex searches or searches with a special focus, it is advisable to hire a professional researcher. The cost of a professional patent search is variable and depends on various factors. It is important to get different quotes and compare the services and prices.
Free patent search options
While professional patent searches come at a cost, there are also numerous free ways to conduct basic searches:
- National and international patent databases
- DEPATISnet: The official patent database of the German Patent and Trademark Office (DPMA) offers free access to German and international patents, trademarks and designs. https://www.dpma.de/recherche/dpmaregister/index.html
- eSearch Plus: The European Patent Office (EPO) allows you to search an extensive collection of European and international patents free of charge. https://euipo.europa.eu/eSearch/
- USPTO https://www.uspto.gov/patents/search
- Other national databases
Many countries operate their own patent databases, which provide free access to national patents and intellectual property rights. - Google Patents:
Google Patents offers a free search engine for patents from all over the world. The search can be filtered by various criteria such as titles, inventors, applicants, and IPC classes. https://patents.google.com/ - More free resources
- Universities and research institutes: Many universities and research institutes offer free access to their libraries and databases, which may contain patents and scientific literature.
- Patent Information Offices: Patent Information Offices often offer free initial consultations and information materials on patent searches.
- Open source software: There are several free open source software programs that can be used for patent searches.
Limitations of free options:
- Features
Free databases often offer a limited range of features compared to paid plans. - Timeliness
The timeliness of data in free databases may be delayed. - Scope of research
For complex research or research with a special focus, a fee-based database or professional support may be necessary.
Costs of a professional patent search
The cost of a professional patent search can be variable and depends on various factors:
- Scope of search
The number of patents to be searched, the complexity of the search terms and the additional services required (e.g. analysis reports) influence the price. - Researcher’s experience
Professional researchers with many years of experience and expertise in a particular technical field usually charge higher fees. - Type of research
Manual searches are usually more cost-effective than automated searches with complex search algorithms.
Guidance
- Use of fee-based patent databases
Depending on the provider, fees of several hundred euros per search can be charged. - Hiring a patent attorney or expert
Fees of 500-2,000 euros are usually due for professional support in the search and evaluation. - Hourly rates
Professional researchers often charge for their services on an hourly basis. This can range from €100 to €300 per hour. - Fixed prices
Fixed prices can also be agreed for standardised searches with a clearly defined scope. - Package prices
Some providers offer package prices for various research services.
In total, the costs for a professional patent search and application can quickly amount to several thousand euros. However, these investments may be justified in the long term by the protection of the invention and the avoidance of risks of infringement.