A “patent pending” status will not be able to stop another third party from copying your invention while it is still in “patent pending” status. Regardless of which tool you use, be sure to look for a Help Section that will give you extra insight into how to get the most out of your search. How comfortable are you using search databases. We have added a feature to help you to conduct searches simultaneously in English and French. 2. Some inventions labeled as patent pending have the patent application number displayed. However, once you’re granted your nonprovisional patent, you can retroactively pursue your claim against that third party from the date that your provisional application is published. Many inventors file design patent applications to not only patent their invention but also to gain the ability to use the patent-pending designation. You can also access U.S. patent applications online. Using this number, you can go to Google Patent Search or the USPTO database and quickly look up the application. Discover the potential of the EPO’s legal patent information: see if and where a patent has been granted, if it is valid, if there is still time to challenge it, and much more. However, professional patent searchers are likely to find things that you missed. Performing a patent search is a complex process, but you can become good at it with practice. Unknown Number Step 3 - Check the patent status section to see if it is Active (it will say "Patented"), Expired, or Abandon. This patent search tool allows you not only to search the PCT database of about 2 million International Applications but also the worldwide patent collections. Other resources, both free and paid, are also available. Simply disclosing an embodiment is sufficient to be considered prior art that a Patent Examiner can cite against your patent application and deny the claims (and the patent application from issuing). Some inventions labeled as patent pending have the patent application number displayed. The searcher, who may be an attorney, can also offer an opinion about whether your invention would qualify for a patent. However, inventors are allowed to submit a non-publication request that will keep the invention secret. This search facility features: flexible search syntax; automatic word stemming and relevance ranking; as well as graphical results. In the example below this patent was abandon because the inventor did not pay all of the required fees. https://secureservercdn.net/198.71.233.13/3c2.ed2.myftpupload.com/wp-content/uploads/2020/04/header-ipatentattorneylogob3.png, Copyright© 2011-2020 – Trenner Law Firm, LLC – All Rights Reserved, Professional Patent Search Saves Time and Money, How to Conduct a Preliminary U.S. Patent Search: A Step by Step Strategy, Parts of a Patent Application – Patent Title. The USPTO has not necessarily patented the invention yet. Free Patents Online also has a wealth of patent documents available in PDF format. In the UK, a patent pending warning notice should ideally include the number of the pending application in question. 3. If you haven't performed a patent search, you can sign the oath in good conscience and get patent pending status for your invention, which will last for at least a few years. Yes, an inventor can do his or her own patent search, if the inventor is familiar with the search tools available, and how to conduct an effective search. A patent pending search seeks patent applications that may affect whether your invention qualifies for a patent. Yes. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb. It depends on why you're doing the search. When you're using the USPTO resource, keep in mind that there are two databases: one for patents, and one for patent applications. Are you familiar with all of the terms that might be used to describe the invention? How to Search for a Provisional Patent Application. You can now access a wider variety of patent-specific documents page. What kind of information should be submitted to oppose a patent application? A patent pending search is a type of patent search that looks for patent applications that may affect whether your invention qualifies for a patent. For example, did you know that a prior art reference can be cited against your patent application as disclosing your invention, even though the inventor did not “claim” a particular embodiment? Canadian Patents Database / Basic Search Bilingual searches are now possible. Are you familiar with legal terms that may be used to describe the invention? If your search does not return any results its probably because you included an extra comma or your formatting was wrong. For the latest updates of the database, see the Currency of information page Filing an application for patent protection makes an invention “Patent Pending.” Either filing a provisional or non-provisional application results in patent pending status. It can give you insight into what your competitors are doing and ideas on how you can improve your invention. 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