Performing a Patent Search
One of the basic steps that need to be taken prior to applying for a patent is conducting a patent search to ensure that there are no existing patents that would conflict with your filing. You can either perform this search by yourself for free or hire an attorney to do a patent search and file a provisional patent application.
Note that we don’t require you to have a patent to list on our site but it is up to you to protect your idea using partial disclosure or a non-disclosure agreement while talking to potential buyers. You should consult your attorney for any legal advice.
Do It Yourself
- The USPTO Patent Search is free: A little complex but it provides a lot of information along the way if you are patient. We have a fairly detailed post on ‘How to Conduct a Patent Search’ here.
Hire a Patent Attorney
The benefits of hiring a patent attorney to perform your patent search is that it is their specialty. Often times, you can start by conducting one on your own to see obvious obstacles prior to investing resources into it. If you think you are ‘in the clear’, then you move on to working with an experienced patent attorney.
Benefits of Hiring a Patent Attorney:
– Less likelihood of missing out on patent rights due to errors.
– Strategic guidance on how to best protect your idea.
– Legitimacy of your patent
– Higher likelihood of receiving stronger patent protections due to an understanding of the law.
USPTO Pro Bono Program
If you cannot afford to hire a patent attorney due to financial hardship, the USPTO offers a wonderful program that helps you file a patent with attorneys for reduced fees.