Patent Search Services in Las Vegas

A patent search can help an inventor understand what already exists before investing in a patent application.

The Thornton Firm performs patent searches and patentability assessments for independent inventors, entrepreneurs, startups, and businesses. We work with clients in Las Vegas, throughout Nevada, and across the United States.

A patent search cannot guarantee that an invention will receive a patent. It can provide valuable information for deciding whether to proceed and how to approach the application.

What Is a Patent Search?

A patent search looks for earlier patents and published patent applications related to an invention.

These earlier publications are commonly called prior art. Prior art may affect whether an invention is new and nonobvious.

A search may reveal inventions that use similar components, perform similar functions, or solve the same problem. It may also identify important differences between the proposed invention and existing technology.

Those differences often become the focus of a patent application.

Why Perform a Patent Search?

Developing an invention takes time and money. Preparing and prosecuting a patent application requires an additional investment.

A patent search can help an inventor make a more informed decision before taking the next step.

The results may show that the broad concept is already known. They may also reveal that a narrower feature, arrangement, or method appears to distinguish the invention from the prior art.

A search can therefore do more than identify obstacles. It can help define the inventive concept.

Patentability Requires More Than Novelty

An invention must be new to qualify for patent protection. Novelty is only part of the analysis.

The invention must also be nonobvious. A patent examiner may combine multiple references and argue that their combined teachings would have made the invention obvious.

This means that finding no single identical patent does not end the inquiry. A patentability assessment should also consider whether several references could be combined.

Patent eligibility, written description, enablement, and claim clarity may also affect whether an invention can be patented. A search primarily addresses the prior art. It does not resolve every legal requirement.

How We Approach a Patent Search

An effective search begins with understanding the invention.

We first identify the features that appear most important. We also consider the problem the invention solves, how the components interact, and what may distinguish the invention from conventional technology.

The search may include issued United States patents, published United States patent applications, foreign patent publications, and international applications. Scientific articles, product literature, technical publications, and other nonpatent references may also be relevant.

Keyword searching is only one part of the process. Patent publications may use different terminology to describe similar technology. Searches may therefore include patent classifications, related references, inventor or assignee information, and citations found in relevant patents.

The scope of each search depends on the invention and the purpose of the review.

Understanding the Search Results

A patent search should produce more than a list of patent numbers.

The important question is how the references relate to the invention. Some references may disclose only general background technology. Others may disclose specific features that affect the available claim strategy.

We review the most relevant references and identify the features they appear to teach. We then compare those teachings with the proposed invention.

This analysis can help identify potential areas of novelty. It can also reveal weaknesses that should be considered before filing.

A difficult search result does not always mean that the project should end. An invention may include narrower features or combinations that remain protectable. In other cases, the prior art may show that filing a patent application would not be a sound investment.

The goal is to provide useful information for making that decision.

No Patent Search Is Perfect

No patent search can locate every relevant reference.

Patent applications generally remain confidential for a period after filing. Some applications are never published. Search databases may also contain translation, classification, indexing, or terminology limitations.

Prior art is not limited to patent publications. Earlier products, public uses, sales, academic papers, manuals, videos, websites, and other materials may also affect patentability.

A search can reduce uncertainty, but it cannot eliminate it. A patent examiner may later find a reference that did not appear in the earlier search.

Inventors should be cautious of anyone who promises that a search proves an invention is patentable.

Patentability Searches and Freedom-to-Operate Searches

A patentability search asks whether an invention may qualify for patent protection.

A freedom-to-operate search asks a different question. It examines whether making, using, or selling a product may fall within the claims of an active patent.

An inventor may obtain a patent and still face infringement concerns involving another patent. Likewise, an inventor may be free to sell a product even when the product itself is not patentable.

These searches serve different purposes. The scope and cost can also differ significantly. We help clients identify the type of review suited to their immediate needs.

Should Every Inventor Perform a Search?

A patent search is often useful, but it is not legally required before filing an application.

Some inventors may decide to proceed directly to filing. Timing may be critical because of an approaching public disclosure, sale, demonstration, or competitive threat.

In other matters, the cost of searching may be better applied toward preparing the application. An inventor who already knows the field well may also possess substantial information about competing products and patents.

The decision depends on the invention, the available budget, the filing deadline, and the inventor’s business objectives.

We discuss these considerations with each client before recommending a course of action.

Using Search Results to Prepare a Patent Application

Search results can improve the drafting process.

Relevant references may show which features are already known. This allows the application to focus on the structures, relationships, functions, or methods that distinguish the invention.

The results may also help shape the claims. Broad claims can be drafted with a clearer understanding of the prior art. Narrower fallback positions can then address specific features that may become important during examination.

A search does not replace careful patent drafting. It provides information that can make the drafting strategy more focused.

When a client proceeds with an application, The Thornton Firm can use the search results to prepare a provisional or nonprovisional patent application.

Working Directly with a Patent Attorney

Patent searching involves both technical investigation and legal analysis.

We work directly with inventors to understand the invention and evaluate the most relevant references. We explain the results in practical terms and discuss the available options.

The Thornton Firm handles patent-search matters on a flat-fee basis whenever practical. We explain the scope of the search and anticipated fees before the work begins.

Meetings may take place by Zoom, telephone, or in person when appropriate. We serve inventors throughout Las Vegas and Southern Nevada while also working with clients across the country.

Speak with a Las Vegas Patent Attorney

A patent search can help determine whether an invention appears to differ from existing technology. It can also help an inventor avoid spending money without understanding the prior art.

Contact The Thornton Firm to discuss your invention, the appropriate scope of a patent search, and the next steps for protecting your innovation.