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.