Patent Search

PATENT SEARCHES & OPINIONS

OPINIONS

Prior to investing time, energy and money on patent preparation and filing for a potentially valuable invention, it may be prudent to conduct a patentability search and render an opinion of patentability from a registered patent professional as to the likelihood that a patent of useful scope could be obtained.

Likewise, a thorough trademark search and professional opinion prior to bringing a product to market or filing a trademark is important. Just because a logo or a word is different, trade dress issues that cause consumer confusion is still a cause for concern.

Only practitioners licensed by the United States Patent & Trademark Office may render an Opinion of Patentability and practice before the Patent Office. Trademark Opinions may be sought from any Attorney so experienced. Further, performing due diligence prior to filing a patent or trademark application could mitigate any damages arising from willful and malicious infringement claims at a later date.

SEARCHES

People search patents for many reasons, most often because they have an invention they hope to patent. A search will determine whether an invention has patenting potential. Others search patents to find alternative approaches and suggestions to help resolve technological problems. The Patent database holds information that is not published anywhere else in the world. This is a tremendous resource that provides a would-be inventor with critical insight.

Trademark searches are equally important to determine if a name or logo has been used as considered “live.” Such pertinent information is important both from a legal standpoint and that of marketing. It would be foolish to spend significant dollars branding a product to have it revoked.

Patents can also provide information that will help someone fabricating a repair part or may clarify the resources required to make an unfamiliar product work. Researchers also use patents for their historical usefulness and information, such as tracing the development of firearms, reviewing the inventive work of a particular inventor or company or finding patents issued to an ancestor.

Although no one is required to conduct a patent search, it is highly recommended that inventors have a patent search performed under the direction of a Registered Patent Attorney or Patent Agent and receive a considered Opinion of Patentability before filing a patent application. A search may yield information that could affect the patenting potential of their invention. Further, a patent search may also help inventors decide whether to modify their efforts in order to improve the probability of getting a patent.

COMMON TYPES OF PATENT SEARCHES:

NOVELTY SEARCH (Patentability Search)

Focuses on the most unique details of an invention or its most patentable qualities in order to develop an Opinion of Patentability.

PATENT COLLECTION SEARCH

Shows the evolution of a technology over a specified period of time. Both expired and un-expired patents are included as references. No Opinion of Patentability.

STATE-OF-THE-ART SEARCH

Provides an overview of current technology in a specific area with a concentration on the most recently issued patents to identify latest technology in the specific art class. No Opinion of Patentability.

CLASSIFICATION SEARCH

Identify the most logical art classification(s) for the invention from over 166,000 classes and sub-classes in the United States Patent Database. No Patent Opinion possible.

INFRINGEMENT SEARCH

Identifies un-expired patents with claims that may bar an inventor from making, using or selling a specific product. A search of the available published patent pending applications is also conducted. Infringement Opinion is provided.

RIGHT-TO-USE SEARCH

A search of both issued and expired patents to determine if a particular technology is in public domain, free to use without obtaining permission from a patent holder. A Right-to-Use Opinion is provided.

TRADEMARK SEARCH

An investigation to discover potential conflicts between a proposed Trademark or Service Mark and any Marks already in use in the marketplace.

PATENT SEARCHES & OPINIONS

OPINIONS:

Prior to investing time, energy and money on patent preparation and filing for a potentially valuable invention, it may be prudent to conduct a patentability search and render an opinion of patentability from a registered patent professional as to the likelihood that a patent of useful scope could be obtained.

Likewise, a thorough trademark search and professional opinion prior to bringing a product to market or filing a trademark is important. Just because a logo or a word is different, trade dress issues that cause consumer confusion is still a cause for concern.

Only practitioners licensed by the United States Patent & Trademark Office may render an Opinion of Patentability and practice before the Patent Office. Trademark Opinions may be sought from any Attorney so experienced. Further, performing due diligence prior to filing a patent or trademark application could mitigate any damages arising from willful and malicious infringement claims at a later date.

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Statement Of Non-Disclosure and Complete Confidentiality Complete this form for a free, no obligation review of your idea.

This Record of Invention Form certifies that you are the originator of the invention disclosed, including all additional information submitted moving forward from this date. This Non-Disclosure Agreement certifies that nobody within or associated with For Sale By Inventor may knowingly manufacture, sell, distribute or attempt to profit from your invention in any way from the date you submit your invention.

The information you submit may be shared with a separate patent law firm to evaluate patentability and intellectual property rights. The information shared with a separate patent law firm will be bound by attorney client privilege.

All employees and representatives of For Sale By Inventor, including all related companies within the Montgomery IP Associates family of companies, are required to sign confidentiality agreements to ensure complete confidence for you and your invention idea.

*A digitally time-dated copy of your Record of Invention will be sent to you by email immediately upon submission for your records.

Disclosure

Your ideas are safe.

The purpose of the Inventor Disclosure is to inform inventors that the process of creating a new product/concept and developing it into a commercial success is extremely difficult, time consuming, often frustrating, confusing and usually costly. To succeed, inventors normally must accomplish, at a high level: the legal process (patents, copyrights, trademarks, etc); engineering, scientific or technical factors; production concerns; and, market distribution. For an individual inventor, this can be a daunting task and should be carefully considered before risking talents, time, energies and capital.

Although an inventor can always represent themselves, inventors are strongly encouraged to seek advice and assistance only from licensed professionals. For Sale By Inventor’s mission is to provide coordinated, professional services for inventors to help launch their invention ideas into new products onto the market.

For Sale By Inventor specializes in consulting, researching and educating small and micro entity inventors. For Sale By Inventor never evaluates an invention in terms of potential marketability.

For Sale By Inventor refers all patent and engineering work to a separate patent law firm on behalf of inventor clients. Advertising, virtual prototypes, websites and representation services are provided by Advertising – Generation, LLC through their proprietary website ForSaleByInventor.com. This process ensures a coordinated effort and complete confidentiality.

For Sale By Inventor and any related entities neither singularly nor collectively, considers itself to be an invention promoter or developer; regardless, the following is disclosed in the spirit of full disclosure.

The total number of inventors who contacted For Sale By Inventor and any related entities over the past 5 years is approximately 125,000; from that total, approximately 60,000 submitted ideas for review with about 12,000 offered contracts for research services; resulting in 3,974 contracting for professional research services. Following research, 2,162 received positive professional opinions of patentability and feasibility and were proffered development agreements. 1,127 inventors contracted for some combination of our patent, engineering and marketing services.

Of the total clients contracting for our services, 53 received licensing agreements and 27 have reported a net financial profit while hundreds of cases still remain active. Licensing is just one option that an inventor can pursue to commercialize their invention and was not pursued by clients who only contracted for legal, engineering or sales representation services. An additional 182 inventions have reported commercial success meaning that they either have been or are currently available for sale. Since these clients have no obligation to report their specific financial records to us, we are not aware of how many of these have made more than they spent on their invention.

DISCLAIMER: Past performance of professional services can provide no guarantee of future profits or that anyone will agree to purchase, license, produce or distribute any invention idea. Bringing an invention from an idea to marketed product is a high risk venture.

rev. 7/2017

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