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The key steps in a thorough U.S. patent search strategy are as follows:
- Brainstorm Terms: Start by generating a list of terms that describe your invention. Think about alternative words or phrases that could be used to capture your concept. This will help you cast a wider net during your initial search.
- Keyword Search: Use the Patent Public Search tool to conduct a broad keyword search for your main concept. Then, gradually refine your search by adding more specific features of your invention. Review the front pages of the retrieved patents and published applications, and eliminate the irrelevant patents.
- In-Depth Review: Carefully review the patents and published applications you've identified as relevant. Examine the drawings, specifications, and claims to understand how your invention might differ from the prior art.
- Cited References: Review the cited references on the front page of the patents you've found. Explore both the backward and forward citations to uncover additional relevant prior art.
- Broader Search: Broaden your search to include foreign patents, non-patent literature, and potentially consulting with a registered patent attorney or agent. This can help you discover additional relevant prior art that may not be found in the U.S. patent database alone.
Expect to dedicate significant time to learning how to search effectively, conducting searches, and assessing the results. The time spent on your search will vary based on how complex the invention is. Recording important details of your search process, including databases used, search date and time, keywords, and retrieved patents/patent applications, is crucial.
Throughout this process, it's important to document your search carefully, including the databases used, the date and time of your searches, the keywords and CPC codes searched, and the patents or published applications you've retrieved. This will help you build a comprehensive record of your patent search efforts.
Following these strategies will improve the likelihood of finding important previous works and confirming that your invention is unique and can be patented.