Patent Search in Three Simple Steps

Summary

In this video, patent attorney John Farrell outlines a simple three-step process for conducting a quick patent search to determine the novelty of an invention. He advises starting with a general internet search using keywords related to the invention, then using Google Patents for a more focused search on existing patents. Lastly, he introduces the use of Chat GPT-4 for additional insights, cautioning about its potential inaccuracies and privacy concerns. Farrell also mentions the USPTO's search tool as an alternative, though less user-friendly, and emphasizes the importance of professional consultation for a thorough patent search, especially for startups and manufacturers.

Takeaways

• 🔍 **Keyword Research**: Start by using search engines with relevant keywords to see if similar inventions exist.
• 🚲 **Example Given**: For an invention like 'automatic transmission for bicycles', search engines can provide insights into existing products.
• 🕵️‍♂️ **Caution with Results**: Be cautious of search results that may not be exact matches or represent hypothetical inventions.
• 🖼️ **Image Search**: Use image search to visually compare your invention with existing products.
• 📚 **Google Patents**: Utilize Google Patents for a more professional search, including issued patents and applications.
• 🌐 **Natural Language Search**: Google Patents allows for natural language searching, making it easier to find variations of an invention.
• 📖 **Interpreting Patents**: Be careful when interpreting patents, as they can be complex and may not directly relate to your invention.
• 🤖 **Chat GPT**: Consider using Chat GPT for a quick search, but be aware of its limitations and potential for inaccuracies.
• 🗓️ **Time Limitation**: Note that Chat GPT's data is limited to a certain time (as of 2021), which may not include the most recent inventions.
• 🇺🇸 **USPTO Search Tool**: As an alternative, use the USPTO website for patent searches, although it may be less user-friendly.
• 💼 **Professional Help**: For a thorough search, especially in a business context, consider hiring a patent attorney.

Q & A

What is the first step in determining if an invention is new?

The first step is to use a search engine and type in keywords related to the invention to see what results come up.

Why should one be careful about the search results from a general internet search?

One should be careful because search results may contain aspirational or hypothetical inventions that do not actually exist, and the search engine might not find all the words in the query.

What is the significance of searching for pictures related to the invention?

Searching for pictures can provide a visual representation of existing products and ideas in the market, which can help in understanding what others are doing.

How does the Google Patents database assist in a patent search?

Google Patents provides a database of issued patents and patent applications, allowing for natural language searching to find patents closely related to the invention.

What challenges might one face when interpreting patents found in a search?

It can be difficult to determine whether a prior patent describes the same invention or a related one performed differently, requiring careful interpretation.

Why is it advised to consult a patent professional if a similar patent is found?

A patent professional can help interpret the prior art and determine if the found patent is truly the same as the invention in question.

What is the role of Chat GPT in a patent search according to the script?

Chat GPT is a tool that can be used for a quick search, but it has limitations such as hallucination (making up information) and privacy concerns.

What does 'hallucination' mean in the context of Chat GPT?

Hallucination refers to Chat GPT's tendency to create fictional responses if it cannot find accurate information related to the search terms.

Why might the data from Chat GPT be limited?

As of the script's knowledge cutoff in 2021, Chat GPT's training data is time-limited and not connected to the internet for current data.

What is the alternative method mentioned for searching patents and why might it be less preferred?

The USPTO website's search tool is an alternative, but it is less preferred because it is not as user-friendly as Google's search engine.

Why might someone still want a professional patent search even after doing a quick search?

A professional patent search is more thorough and can provide clarity on the prior art, which is especially important for startups or when raising venture financing.

Outlines

00:00

🔎 How to Conduct a Quick Patent Search

John Farrell, a Silicon Valley patent attorney, introduces a video tutorial on how to perform a quick patent search in three simple steps. The first step involves using a search engine to look up keywords related to your invention. He advises caution when interpreting search results, as they may include hypothetical or aspirational inventions that don't actually exist. Farrell also suggests searching for pictures related to your invention for a visual understanding of existing products. The second step is to use the Google Patents database to search for existing patents and patent applications. This database allows for natural language searching, making it easier to find variations of an invention. However, he warns that interpreting patent documents can be difficult and advises consulting a patent professional if unsure. The third step, which he finds incredibly powerful but also raises privacy concerns, is to use Chat GPT-4. He cautions that Chat GPT-4 may 'hallucinate' and create fictional inventions if it can't find accurate information, so it's important to verify any results. Lastly, he mentions the USPTO website as an alternative for searching patents, though it's less user-friendly than Google.

05:02

🤔 Considerations for Patenting Your Invention

In the second paragraph, John Farrell discusses the potential privacy issues with Chat GPT-4 and the importance of being cautious about the search terms used to avoid revealing too much about your invention. He also addresses the 'hallucination' problem of Chat GPT-4, which may provide inaccurate or fictional results if it cannot find relevant information. Farrell suggests verifying the existence of any products mentioned by Chat GPT-4. He notes that Chat GPT-4's training data is time-limited, meaning it may not have the most current information. He also mentions that patent applications are not made public until 18 months after their filing date, creating a gap in searchable data. Lastly, Farrell suggests that while a quick patent search can be done by oneself, for more thorough analysis, especially in situations like startups raising funds or preparing to manufacture, it's advisable to have a professional patent search conducted by an attorney who can help interpret the results and understand the implications of prior art.

Keywords

💡patent search

A patent search is a process of looking up existing patents and patent applications to ensure that an invention is novel and not previously patented by someone else. In the video, the host explains how to conduct a quick patent search using various methods, emphasizing its importance before seeking a patent for an invention.

💡invention

An invention refers to a new and useful creation that is not previously known or patented. The video's theme revolves around determining the novelty of an invention before pursuing a patent. The host uses the example of an 'automatic transmission for bicycles' to illustrate how to search for similar inventions.

💡patent attorney

A patent attorney is a legal professional specializing in patent law. They can assist with patent searches, applications, and related legal matters. The script mentions hiring a patent attorney like the host to conduct a professional patent search, indicating their role in the patenting process.

💡keywords

Keywords are specific words or phrases used in a search engine to find relevant information. In the context of the video, the host advises using keywords related to the invention, such as 'automatic transmission for bicycles,' to perform an effective patent search.

💡Google patents

Google patents is a database that contains issued patents and patent applications. The video highlights using Google patents as a tool for conducting a patent search by typing in keywords related to the invention to find existing patents that might be similar.

💡prior art

Prior art refers to any public information, such as patents, that existed before the filing date of a patent application and can be used to determine if an invention is novel. The host cautions about interpreting prior art from patent searches, as it can be complex to understand whether it describes the same invention.

💡natural language search

Natural language search allows users to input search queries in everyday language, rather than specific keywords. The video mentions that Google patents uses natural language search, making it easier for users to find relevant patents without needing to know exact terminology.

💡chat GPT

Chat GPT is mentioned as a tool for conducting a quick patent search. It is described as powerful but with concerns about privacy and the potential to 'hallucinate' or make up information if it cannot find accurate data related to the search terms.

💡USPTO

The USPTO (United States Patent and Trademark Office) is the federal agency responsible for granting U.S. patents. The video suggests using the USPTO website's search tool for a more thorough patent search, although it is noted to be less user-friendly than Google's search engine.

💡patent applications

A patent application is a request filed with a patent office to grant an exclusive right for an invention. The video explains that patent applications are not immediately public and become accessible 18 months after their priority date, which is a factor to consider when conducting a patent search.

Highlights

Introduction to the importance of patent search

Option to hire a patent attorney or conduct a self-search

Step 1: Using a search engine with relevant keywords

Caution about search results containing partial keywords

Step 2: Searching for pictures related to the invention

Advantage of picture search for visual representation

Step 3: Utilizing the Google Patents database

Benefit of Google Patents for natural language searching

Caution when interpreting prior patents

Advice on consulting a patent professional

Step 4: Using the chat GPT tool for patent search

Concerns about privacy with chat GPT

Issue of 'hallucination' with chat GPT

Verification of products suggested by chat GPT

Limitations of chat GPT data up to 2021

Alternative method: Using the USPTO search tool

Advantages of a professional patent search

Considerations for patenting an invention

Transcripts

so you've invented something new and

you're thinking about building a product

or getting a patent on your new

invention well how do you know it's

really new how do you know that someone

hasn't invented it before you

well maybe what you need is a patent

search now it's possible to hire a

patent attorney like me of course to do

the search for you but it's also

relatively easy to do a quick and dirty

search yourself and so in this video I

want to teach you how to do a quick and

simple patent search really in three

simple steps maybe taking less than

three minutes hi my name is John Farrell

I'm a Silicon Valley patent attorney

welcome back to my channel now the first

step in determining whether your

invention is new or not is really pretty

obvious just go to your favorite search

engine and type in some keywords related

to your invention and let's say that

your invention is an automatic

transmission for bicycles then go to

Bing or go to Chrome and type in the

words automatic transmission for

bicycles and just see what turns up now

if your keywords are like most you can

be sure that the search engine will find

something it may find search results not

containing all of the words for example

it may contain automatic transmissions

for bicycles but scratch out the word

automatic or scratch out the word

transmission and of course this isn't

really helpful in determining whether

someone else has an automatic

transmission for bicycles so be careful

about the search results that come up

and along the same lines don't get too

freaked out if it looks like somebody

else has made your invention before you

it's important to carefully look at the

search results that come up because

oftentimes the search results contain

aspirational or hypothetical inventions

that somebody would like to see but

actually where no invention currently

exists so just be careful when analyzing

the search results from an internet

search now related to this internet

search I also like this search pictures

where I'll type in the word picture

colon and then the words automatic

transmission for bicycle or whatever the

invention is I just think that pictures

are a good way to search an invention it

really gives me some idea of what others

are doing and what others are thinking

about products that currently exist in

the marketplace so when you're doing the

internet search using your web browser

also search for pictures because I think

this will be super helpful now a second

type of search that you can do and one

that I think is very helpful and one

that I do as a professional often is to

go to my web browser go to your web

browser and type in the words Google

patents now this will take you to a

database of all of the existing issued

patents as well as patent applications

contained in the Google database and

also there are quite a few foreign

patents there as well now once you get

to the Google Patent database case in

the search bar type in the keywords of

your invention again something like

automatic transmission for bicycles or

really whatever phrases might describe

your invention it's a natural language

search bar so you can enter whatever

words are appropriate and it will try to

parse your words in a way that will most

closely search your invention now

obviously the advantage of using the

Google patents database is that you get

patents back and you'll be able to

search a stack of patents that are most

closely related to your invention and

these can be super helpful and as I said

as a patent attorney I really like that

it allows natural language searching and

it just makes it really easy for me to

find lots of variations on a single

invention now again with the pads and

maybe even more so with the patents you

have to be very careful when

interpreting the prior art that it turns

up patterns are very difficult to read

and sometimes it's hard to know whether

prior patent is describing your

invention or a related invention that's

just performed differently or in a

different way so be very careful when

trying to interpret other patents and

don't get too discouraged if you find

patents that look like they might be

closed if you're concerned about it if

you're worried about whether someone's

patent is really the same as your

invention talk to a patent professional

and have them help you work through the

priority this can often be done in a

30-minute consultation and can really

ease your mind with respect to your

search results now the third step for

the protocol or process I might suggest

to you for a quick and dirty patent

search is to utilize the new tool chat

GPT now this is an incredibly powerful

tool and I've really enjoyed playing

with it although as you might have

discerned from some of my prior videos I

still have a lot of concerns about the

privacy issues related to chat GPT so

when you use chat gbt two things to keep

in mind number one be very careful about

the Search terms that you use in your

invention you don't want to teach chat

GPT what your invention is and then the

second issue related to chat GPT is this

issue of hallucination one problem with

chat GPT is it's trained to talk if it

can't find text that relates accurately

to your invention it will just make

stuff up it will hallucinate inventions

just to have something to say it may be

pure fiction but it will always try to

provide you with a response so typing in

for example automatic transmissions for

bicycles it's going to produce some

results it will tell you about different

manufacturers producing different

products with product names just make

sure that those products are real for

example if it gives a product name made

by mono of Japan make sure you go to the

Shimano website and verify that that

product really exists that said I've

really been impressed by the results

that Chad GPT produces and you have to

understand that chat GPT is trained with

just about all of the text that was ever

written and so if the word automatic

transmissions for bicycles for example

shows up in its database it's going to

be able to produce results containing

those words so I find it useful it's

interesting it's not always accurate oh

and one more thing about chat GPT aside

from the fact that there may be privacy

issues is that chat GPT at least as of

this date with Chachi bt4 the training

database is time limited as of some date

in 2021 so it's not yet connected to the

internet with current data although it

will be soon reportedly so when you're

doing searches related to inventions

prior inventions on your invention on

your new product just keep in mind that

the data it's producing is probably good

only until about 2021 and by the way

this relates to patent applications as

well

patent applications are generally not

made public until 18 months after their

priority date so there's a big block of

patent applications that we just don't

have access to and that we can't search

and then finally although this isn't the

preferred method probably for most

people looking for a quick and dirty

search you can go to the USPTO website

and use their Search tool to help you

find patents and patent applications

that have either been filed or issued

now the problem with a USPTO website is

that the search engine is not nearly as

easy to use as that of Google so

although it's very powerful and very

granular with respect to what you can

search within a patent application or an

issued patent I just find that the

Google search engine for most people

will be easier to use okay that's about

the quick and dirty patent search that

you can do yourself

now if the patent is important let's say

you're in a startup and you're raising

money you're looking for Venture

financing or maybe you're about to start

manufacturing you still may want to go

to your patent attorney and have a

professional patent search performed it

will be a lot more thorough and your

patent attorney will be able to help you

walk through the patent search results

and understand what the prior art really

contains okay that's all I have with

respect to searches now then the next

question is even if your invention is

new and someone hasn't invented before

you or come up with the same idea before

you is it really something you should

patent should you get a patent on your

invention I talk about this question and

give you some ideas to think about in

this next video I'll see you over there

[Music]

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