How can I find out if someone already has a patent on something?

Question

I want to get a trademark on something but I don't know if someone already has it. How can I find out if it already exists?

Answer 1

If you were to seriously follow TMExpress' answer then I would suggest that you get 30 units of science at college and then take the patent bar instead. Because if you are going to expend that amount of time and effort on answering your question you might as well get a useful qualification at the same time!

Now to answer your question....

First patent and trademarks are different.

Patents are used to protect useful inventions, aesthetic physical designs and asexually reproduced plants (i.e. roses) in the USA.

Trademarks are devices that are used to identify the source of a product or service (i.e. who it is from). The device is usually a word or logo; however, sometimes it can be unusual like a sound (did you know that the jingle you hear when you start up Windows is trademarked?)

So below are links to websites that can help you. Of course if you have the money then I would recommend you use a professional search service instead as they are the experts and have access to other databases that are not currently on the internet.

Searching for Trademarks:
Trademarks are regional in nature. So you need to search for the area over which you want to use the mark. In the US the US Patent and Trademark Office is the first place to look for nationally registered trademarks. http://tess2.uspto.gov/bin/gate.exe?f=tess&state=dvhqhm.1.1

But your inquiry does not stop there because your state and local laws might also protect trademarks. So you need to check with your local authorities too. Now lucky most information is available over the internet.

Outside the USA use the weblink to WIPOs Intellectual Property Digital Library: http://www.wipo.int/ipdl/en/

Although this database is not comprehensive it is the best and cheapest one available.

Searching for Patents:
Like trademarks, patents are also regional in nature, so use the following links :

- The US Patent Office
http://www.uspto.gov/patft/index.html

- The European Office
http://ep.espacenet.com/

- The Japanese Patent Office
http://www.ipdl.inpit.go.jp/

WIPOs Intellectual Property Digital Library:
- http://www.wipo.int/ipdl/en/

- Google also have a patent search tool (for US patents only)
http://www.google.com/patents

Also remember to search the patent applications (as well as the issued patents) for the most recently published applications.

Finally (if you are really keen) you should review IBM's Technical Disclosures. See http://www.ibm.com/ibm/licensing/patents... these aren't patents, they are inventions that IBM has invented but have chosen not to patent.

Good Luck

Answer 2

You're asking about 2 completely different things. I'll explain both so you can decide where you should go next.

To protect a business name within your industry, you would apply for a trademark.

Trademarks can be names of products or services, logos, slogans, packaging and even sounds and smells. In essence, a trademark can be almost anything that is used to identify a particular product or service. Registering a trademark grants the owner exclusive rights to the mark within the specified industry.

Of course, it's necessary to research the mark comprehensively prior to filing to ensure that there is no possibility of infringing upon another party.

This entails searching the pending & registered Federal and State trademark files as well as the US National Common-Law files. Then, if clear, you can decide if you would like to file for a Federal or a State trademark.

To register a trademark, that's done either through your Secretary of State for a State trademark or the US Patent & Trademark Office for a Federal trademark.

If you are only conducting business in one state, then a State trademark is most appropriate. If you conduct (OR are planning to conduct) business in at least 2 states OR between the US & any other country, you can file for a Federal trademark.

To protect an original invention OR a significant improvement to an existing product, a patent would be filed. Here's the USPTO's definition: http://www.uspto.gov/web/offices/pac/doc/general/index.html#patent

NOLO is a great, free informational site. Also, be sure to read what the USPTO (United States Patent & Trademark Office) has to say about patents.

Associations may be a good avenue to explore. These organizations will address many of the thoughts, questions and concerns you'll inevitably have as well as many you haven't anticipated yet. See the source box for some relevant links.

Research, research, research – this cannot be stressed enough. Read as much as you can. Here are some book titles that are relevant:

Getting a Patent:
* Patent It Yourself (11th Edition) by David Pressman
* Patents and How to Get One : A Practical Handbook by U.S. Department of Commerce
* How To Make Patent Drawings Yourself: A Patent It Yourself Companion by Jack Lo
* The Inventor's Notebook: A Patent It Yourself Companion by Fred E. Grissom

There are plenty of free informational resources out there. Check the source box for links to articles.

Hope that helps! I wish you much success & happiness in all your ventures!

Answer 3

for a list of patents and trademarks already reserved in Canada go to
http://patents1.ic.gc.ca/intro-e.html
for the US
www.patentpending.com/patapp.html
and for world wide information
www.sciencedirect.com/science/journal/01722190