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Question:
U.S. patents are on the Internet, can't I do a preliminary patent search on the Web?
Answer:
YES, BUT YOU WILL NEED ASSISTANCE
If you've never performed a preliminary U.S. patent search before, then attempting it on the web for the first time will be difficult.

The U.S. Patent and Trademark Office organizes patent literature on its Web site in a specific fashion. Finding patents similar to your invention is an involved process - it is not like looking a number up in the phone book. There are specific steps that must be followed in order to do a fairly comprehensive preliminary search (explained below).

You may experience success using free web-based patent tools to find one or two patents described in a similar fashion to that of your invention, but that doesn't mean you've completed a thorough search. The professional examiner at the USPTO who will determine the patentability of your invention will be performing a classification based search. It is of benefit to the searcher to perform the same KIND of search themselves.

Many searchers who attempt to use the Web-based search engines find that they eventually need to make an appointment with the OSU Patent & Trademark Library to obtain search assistance.

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This guide identifies the USPTO Website as useful in the patent search process. The Patent & Trademark Library provides these Web addresses for the purpose of general information only. Information found on any Website should not be considered legal advice; do not rely on information at any site in place of counsel.

The GOAL of a preliminary patent search is to determine if an invention is new, unique, and patentable over the prior art. This can only be accomplished by looking at previously issued patents that are comparable in nature to the invention in hand. To do this, one must obtain a list of patents assigned to the appropriate class/subclass(es).

The Quick or Advanced keyword search feature on the USPTO Web site offers patent records searchable by keyword. A search by keyword should NEVER be considered exhaustive. Patents found by keyword should ONLY be used to point to appropriate class/subclass(es).

A searcher who enters a few descriptive terms into the keyword search engine may or may not find applicable patents. The patent literature has no controlled vocabulary; unless the searcher can think of EVERY IMAGINABLE WAY to describe an item, they can never be sure their search is thorough. The only acceptable way to complete a thorough search is to determine the CORRECT class/subclass(es) for an invention, and look at every patent in the class/subclass(es).

For example, if you describe a stapler in search terms as "stapler" you will find some patents that use that EXACT term. However, unless you truncate (use the wildcard search), you will miss patents that use the word "staplers, stapling," etc. Further, you certainly won't retrieve patents that describe the same type of apparatus as an "elongated force driving mechanism." This type of completeness can only be achieved by classification based searching. The professional examiner at the USPTO who will determine the patentability of your invention will be performing a classification based search. It is of benefit to the searcher to perform the same KIND of search themselves.

If you encounter difficulty performing the steps outlined below, please consider scheduling an appointment with the OSU Patent & Trademark Library. We will not do your search for you, but we will give you individualized attention that will empower you to begin a preliminary patent search.

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To complete a preliminary U.S. patent search:

  • Determine the appropriate class/subclass(es) for an invention, utilizing The Manual of Classification and its corresponding Definitions;
  • Obtain the list of all patents assigned to said class/subclass(es);
  • Look at abstracts and/or full patents to determine whether applicable to invention;
  • Years of patent search should include 1790-present;
  • Examine pre-grant publications assigned to chosen class/subclass(es).
  • Use the USPTO Web site (see below) to accomplish these steps online.

The OSU Patent & Trademark Library possesses the resources required to complete a preliminary patent search. Though no single Website can independently provide all the tools or resources needed to complete a preliminary patent search, some amount of initial work can be accomplished on the Web.

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Online Tutorials

An excellent online tutorial for preliminary patent searching is available at The University of Central Florida.
It is recommended that you complete the tutorial before attempting to perform a preliminary patent search on the Web.

The Schreyer Business Library at Penn State University offers another Patent Search Tutorial. This tutorial will help you to understand the process and procedure in searching for patents. In order to ensure that your search will return the best results, this tutorial reviews a number of different patent search techniques.

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USPTO Web Site

  • US Patent & Trademark Office http://www.uspto.gov/patft/index.html
    Provides a search engine that facilitates retrieval of patents by keyword, class/subclass, inventor name, assignee name, number, etc. See also the Manual of Classification. A keyword search alone should NEVER be considered complete. Patents retrieved by keyword should be viewed as a STARTING point and used to facilitate the location of appropriate class/subclasses in The Manual of Classification.
    ADVANTAGES:
    1. keyword searching;
    2. exceptional "advanced" search engine that allows for specifying terms in particular fields;
    3. links to other patents that reference any given patent;
    4. able to provide entire list of patents in any given class/subclass;
    5. online version of Manual of Classification and Definitions;
    6. patent images (tiff images of all pages of a patent) available back to 1790.
    DISADVANTAGES:
    1. keyword searching only available for patents issued from 1976-present;
    2. must download a free plug-in for browser to view to view full images;
    3. some versions of Internet Explorer do not interface well with the TIFF viewer plug-in required to display images.
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In A Nutshell (See also How to Search Patents, USPTO site)

  1. Use the USPTO site to search by keyword. Make note of appropriate class/subclasses that appear on patents.
  2. Go to the USPTO site to use The Manual of Classification, and determine which class/subclasses apply. WARNING: In order to choose a class/subclass, you have to understand how the Manual of Classification is organized, what the "dots" mean, etc. If you don't understand how to use the Manual of Classification, consider scheduling an appointment with the OSU Patent & Trademark Library or work through the tutorial at The University of Central Florida or Penn State.
  3. While visiting the USPTO Manual of Classficiation, you can actually view the list of patents assigned to class/subclass by selecting the "P" next to the numeric designation. By perusing the patents in the class/subclass, you may get some indication of whether or not this is an appropriate class/subclass for your search.
  4. On the USPTO site, search by class/subclass. This will generate a list of all patents assigned to the desired class/subclass [example: 119/858 entered in the two search boxes].
  5. Examine all patents retrieved by class/subclass to determine applicability. To actually "see" the patent images on the USPTO Web site, you must first download a free TIFF viewer plug in at AlternaTIFF.
  6. Check references cited in closely related patent documents. Patent Applications may also be searched by class/subclass using the Advanced Search page.
  7. To obtain lists of patents issued in particular class/subclasses for periods not covered by Websites, contact the Patent & Trademark Library (405) 744-6546.
  8. To obtain copies of the patents, contact the Patent & Trademark Library (405) 744-6546.
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Last Update: June 26, 2006
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URL: http://www.library.okstate.edu/patents/websrch.htm