How can I check if my invention is already patented?
June 12, 2022 | 50,00 EUR | answered by Andrea Maier
Dear Patent Attorney,
My name is Petra Voss and I have made an invention that I believe has great potential. Before I further invest in its development, I want to ensure that my invention has not already been patented by someone else.
I have already conducted some research on the internet, but could not find any specific information. I am concerned that I may unknowingly be infringing on an existing patent and could face legal consequences.
Could you please explain to me how I can best check if my invention has already been patented? Are there specific databases or institutions where I can register my invention to ensure its uniqueness? What steps should I take next to protect my invention and possibly apply for a patent?
I would greatly appreciate your help in obtaining clarity on the patent protection of my invention and providing possible solutions. Thank you in advance for your support.
Sincerely,
Petra Voss
Dear Mrs. Voss,
Thank you for your inquiry and your interest in the topic of patent law. It is understandable that you want to ensure that your invention is unique and avoid potential legal issues. It is extremely important to ensure the protection of your invention in order to secure your intellectual property.
To check if your invention has already been patented, there are various options. The first and most important would be to search in patent databases. One of the most well-known and comprehensive databases is, for example, the patent search of the German Patent and Trademark Office (DPMA) or the European Patent Office (EPO). There you can search for similar patents and patent applications to determine if your invention is already protected.
Furthermore, you can also conduct a search in international patent databases such as the World Intellectual Property Organization (WIPO) or the United States Patent and Trademark Office (USPTO) if you also want your invention to be protected internationally.
It may also be useful to use a professional search service to ensure that your search is as comprehensive as possible. These service providers often have access to special databases and can give you a well-founded assessment of whether your invention is already protected.
If you find that your invention has not yet been patented, you should take steps to protect it next. One option would be to file a patent application with the DPMA or the EPO. In this case, you should seek advice from an experienced patent attorney to ensure that your application meets the legal requirements and that your invention is maximally protected.
It is also advisable to keep your invention secret until you have applied for patent protection to ensure that you do not lose rights to third parties. Additionally, you should carefully document all developments and progress of your invention to be able to prove in case of disputes or violations of your rights that you are the inventor.
I hope this information helps you and answers your questions. If you need further assistance or specific legal advice, I am happy to help.
Best regards,
Andrea Maier
Patent Attorney
