Hi,

My “2 cents” advice is, do your own searching.  A patent attorney isn’t really going to know much about your actual idea and what may or may not conflict – plus they’re not exactly going to help you search for free J

There are patent “agents” that may be more able to help you search, but again, not cheaply.  You probably know your product field better than anyone you could enlist to help.

Obviously, search on-line for any products that look like they overlap your idea.  Then, go to www.uspto.gov and use their patent search engine.  There is a “quick search” option which is a good place to start, but you probably want to end up using the “advanced search” for more comprehensive coverage.  I usually do key word searches in the “abstract” field.  You can also do “assignee” searches if you know companies that make similar products in your field.

Patent searching is hard and frustrating – I feel like every time I put in a search term and hit “search” it’s like playing Russian roulette! I find it helpful to convince myself that I already know my idea is taken; then when you pull up a patent that looks exactly like you could have written it yourself for your own idea (can’t count how many times that’s happened), at least you can stagger away with a grim sense of accomplishment!  And, keep searching in every way you can think of.  It may be hidden (maybe even intentionally), but it’s probably there.  When you find something at all similar, follow the “references cited” and “referenced by” chains.  This is, by the way, an excellent way to further educate yourself about your field of interest.

I know that sounds discouraging.  But, be brave and keep going!  If you’re lucky and your idea is good, it is worth the trouble!  Also, learn to read the actual “claims” of each patent.  That’s the only thing that really matters.  Often the body of the patent makes it sound like they are covering everything.  Sometimes the claims sound like that, too, at first reading.  But keep in mind that every caveat, every qualification, every nuance in the claims is there because they couldn’t claim something more general.  Sometimes the best thing to find is an old (expired) patent that covers 90% of what you want to patent – because now you know that nobody can prevent you from using that basis – and then add a specific claim on top of that.

OK, that’s all the advice I have…  I’m no expert.  Also, ask yourself the very important question of “what value is obtaining a patent going to have for me?”  A cynic once told me that a patent is really just a license to get yourself into expensive lawsuits!  Several years ago I spent about $10k obtaining a patent on my own dime.  I did all of my own searching, and illustrations, and wrote the first draft – but it still cost that much.  I used an attorney because I didn’t have confidence that I could write the claims in a way that would be meaningful.  I was happy with the lawyer’s service… it was just expensive.  I don’t regret it, but not sure it was worth the money for me.

Michael