Q: I have an idea that I would like to check if it is already patented. How do I find out? Do I have to pay anyways?

A: You can pay an patent attorney or patent agent to perform a patentability search. Often they will tee up the search scope and outsource the search to professional searchers with lower hourly rates.

NOTE -- even after a search, your idea may not be patentable as someone may have filed a patent application on the same idea last week. Under most circumstances, a published version of that patent application won't be available to searchers for 18 months. So we have an 18 month blind spot. There are other patent applications that come into the US system 30 months after filing and then are published at about 34 months

There are also articles in obscure journals and owners manuals that all count as prior art (anything written) and no low-cost search will be looking under all of those rocks. A patentability search reduces the risk of being surprised but does not reduce the risk to zero.

A prudent first step would be for you to look at Google Patents to see if you can find that someone else has described your same idea. This won't work as well as having a professional search but will get you started and the results from your work may help tune the subsequent search. You may find the idea is already subject of a patent or a published patent application and decide to move on to another project.

I hope that this helps.

A: I would like to respond, but it is against JUSTIA policy for me to do so.

Sorry.

A: You should have a paid consultation with an attorney who can explain to you the process. You can do searches yourself at USPTO or google, and USPTO also offers articles and videos that explain the process. Best luck.

A: You can do a quick and free feasibility test by trying various relevant key words at:

https://patents.google.com/

Although this is no substitute for a professional search, you can at least get some feedback as to if further funds and effort are a good idea, or not.

A: To find out if your idea is already patented, you can conduct a patent search. You can start by using the United States Patent and Trademark Office's (USPTO) patent search tool, which is free to use. This tool will allow you to search for existing patents by keyword, inventor name, patent number, and other criteria.

In addition to the USPTO, there are also private companies that offer patent search services for a fee. These services can often provide more comprehensive searches and analysis, but they can be expensive.

It's important to note that even if you conduct a thorough patent search and do not find any existing patents that match your idea, it's still possible that someone else has patented a similar idea or is in the process of doing so. Therefore, it's always a good idea to consult with a patent attorney to get a professional opinion on the patentability of your idea and to help you navigate the patent application process if necessary.

It's also important to note that conducting a patent search does not guarantee that you will not infringe on someone else's patent if you decide to pursue your idea. It's always best to consult with a patent attorney to assess the risks and potential liabilities involved with your idea.