Reasons For A Patent Search

Fine-tuning your application to meet legal standards

The average length of time that a patent application is pending with the U.S. Patent and Trademark Office is more than 24 months, so it can be a disappointment - and possibly an investment of time and resources - to pursue a patent only to find that your concept too closely resembles one that has previously been patented. At Benjamin Appelbaum Attorney at Law, we will conduct patent search and identify any troublesome points of similarity in your patent application. If we find any existing patents that might impede the approval of your application, we work with you to work around references to increase the novelty of your creation.

Meeting U.S. patent law requirements

Conducting an independent patent search before submitting your patent application has many benefits, including:

  • Avoid rejection for lack of novelty
  • Avoid rejections for being obvious
  • Avoid inter partes review

To qualify for a patent, your design, process or invention must be new, compared to the existing state of the art. To meet this condition requires an assessment of prior innovations by others in your field. This is accomplished through a search of current patents and pending published patent applications to identify those that might affect application.

The USPTO conducts a patent search during the application process and will reject applications that fail to meet the novelty requirement. By conducting a patent search in advance with the help of Benjamin Appelbaum Attorney at Law, we can work together to reduce the chance of your patent application being rejected.

Avoiding interference from third parties

Getting your application approved is not the only benefit of a thorough patent search. Interference or derivation proceedings - when two pending patent applications or a patent application and an issued patent share certain elements or bear certain similarities - as well as inter partes and post-grant proceedings initiated by third parties, can significantly prolong the process. Being aware of patents and applications that are similar to yours allows us to more effectively anticipate these issues and prepare accordingly.

Consult a patent attorney with two decades of experience

When you consult Benjamin Appelbaum Attorney at Law, we will work together to adjust your technical specifications to avoid many of the pitfalls that can delay or even defeat a patent application. Call our office at 877-649-6002 during normal business hours to set up a consultation. You can also contact us online outside normal business hours. From our office in Flanders, we serve clients in Morris, Sussex, Warren counties, throughout New Jersey and nationwide.