The patent protection on an invention is obtained by preparing and filing an application with the Patent Office (PTO). Under the current law, a regular (nonprovisional) or provisional application can be filed.

A regular application includes specification and claims. The specification comprises a detailed disclosure of the invention, including drawings illustrating the invention, a teaching of how to make and use the invention, and "best mode" for carrying out the invention. A regular application is examined by the U.S. Patent and Trademark Office for issuance of a patent.

A provisional application includes specification, is kept pending for only 1-year, and -

• must be converted to a regular application before the end of the 1-year period
  
  
• is not examined and does not result into a patent
  
  
• cannot be filed for design inventions
  
  
• but allows "Patent Pending" status, during its pendency

Once determined to be complete by the PTO, a regular patent application is assigned to an Examiner who reviews the application for compliance under the law. The Examiner conducts a search of prior art to determine whether or not a patent should be granted on one or more claims. The search locates already-issued U.S. or foreign patents, foreign patent publications, literature articles, scientific publications, statutory invention registrations, defensive publications, etc. The Examiner reviews the uncovered prior art to determine the aspects of claimed invention already in public domain and determines patentability of the invention under the law.

The PTO maintains a library of documents for the public to preview. Although a search by an applicant is not required under the law, it is very useful to locate relevant prior art prior to spending a significant sum in preparing and filing an application. The prior art located in a search helps an applicant to build a stronger case of patentability before the PTO. In addition, a search can be conducted to:

• determine scope and content of prior art
  
  
• determine potential infringement situations
  
  
• determine state-of-the-art in a desired field of technology
  
  
• determine cutting-edge technology
  
  
• ascertain past, present or future trends in an industry
  
  
• ascertain the scope of new technology
  
  
• identify and locate key player(s) in an industry
  
  
• identify and locate competition
  
  
• discern old vs. new technology
  
  
• obtain technical information for venturing into a new line
  
  
• avoid unnecessary or duplicate experimentation
  
  
• avoid fundamental or basic experimentation or research
  
  
• know in advance technical problems encountered by others
  
  
• improve upon technical mistakes of others
  
  
• acquire technology and know-how without paying any royalty (public domain technology)
  
  
• learn weaknesses or disadvantages of conventional techniques

A search is typically conducted by a professional, known as "Searcher", who is familiar with the PTO's system of classification. The entire PTO is divided in 3 major categories: electrical, chemical and mechanical. All of the technologies, covered by more than 6 million issued patents, are divided into more than 436 classes, that are further sub-divided into over 200,000 subclasses. Conducting a good and thorough search is an art and skill which is acquired over several years of experience.

Although searching can be done by accessing the PTO's website www.uspto.gov, users should be aware of the limitations of the on-line records, for example, not including foreign documents. The user may review some foreign documents by visiting www.delphion.com, but the U.S. documents in this database only cover the period of 1971-present. A search by the PTO Examiner, however, covers all documents in the PTO library, from the 1st patent issued in 1790 to present.

A search conducted by us, not only covers the entire available records at the PTO, but is conducted by professionals who have years of experience and know how to review complex patent-related documents. Our professionals understand the bases of classification system and schedules used by the PTO to classify technology, and are familiar with the PTO's more than 6-inch thick Manual of Classification. Our professionals have technical degrees and are well-versed in conducting searches in all disciplines.

It is our proximity to the PTO (10-mins.), the level of expertise, years of experience, and the high level of satisfaction by our clients, that we conduct all types and levels of searches for patent attorneys and corporations across the country and abroad.

Most of the searches conducted by us fall in the following categories:

• Patentability
  
  
• Infringement
  
  
• Right-to-use
  
  
• Patent Validity
  
  
• State-of-the-art/Collection
  
  
• Assignee (who owns the patent)
  
  
• Title (chain-of-title of a patent)
  
  
• Index (all patents owned by a company)
  
  
• Due Diligence (confirm ownership of a patent per PTO records)