Asked in Patents (Intellectual Property)

Q: How so I know if something is patented ?

1 Lawyer Answer
Changi Wu
Changi Wu
Answered

A: You can use Google patent search for granted patents and published patent applications. However, it is not sure whether Google has updated and retrieved 100% from the most current database from USPTO or European Patent Office.

For most timely information of granted patent and published patent application under USPTO, you should go to USPTO's PatFT (for granted patents) and AppFT (for published applications). Also, European Patent Office or WIPO has search tools too. However, these sources do not include patents granted in other areas or countries, such as Japan, China, or Korea. The effects of the inventions or patent applications published in these other countries may cause your invention not patentable since one year bar of disclosure in the US patent law.

Therefore, you should find a patent search agent or attorney to search the patents. Also, if your purpose of searching the patent is not only to seek if your invention has been patented, but also to seek whether you can make a product similar to the patented or unpatented invention, you really should find an attorney to evaluate your situations and product in case you are to be sued for infringement.

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