Patented Products

1. Look on the product for a patent number. 2. Do a search on google.com/patents. 3. Call the product maker and ask.

You can conduct a preliminary patent search yourself. Learn how by visiting the first two links below. There are many other free, online searchable patent databases in addition to the USPTO database so you can search elsewhere as well [Google's advanced patent search tool is linked-to below]. Because you're a novice, you should limit your search to U.S-issued, currently-in-force patents. How do you tell if a patent is still in force? Assume it is if it was issued after 1993. Note: Some patents issued before are still in force and many issued after are expired so using that date is only a coarse screen. And, of course, spend some time with your own patent attorney to discuss your business plans. Good luck.

You can check the manufacturer's website or try to find a product catalog on line. Many free resources, such as Google, are also available on line.

You can't really do this. Sure you can see of the product is marked with a patent number. You also can call the manufacturer and ask (but it may or may not tell you). You can do a google search. You can do a patent search on the data base of the US Patent and Trademark Office. But in truth, you will never be able to do this properly because you are not a trained patent attorney or patent litigation attorney. Searching for patents that cover a product is a complex endeavor----just because there is no specific patent that identifies the specific patent does not mean there are no relevant patents. For example, there could be a patent that covers methods of making the product, or methods of using the product. These process or method patents can be just as deadly for you as a patent that covers the product, itself. The only way you can safely conduct the review that you need is to retain patent counsel.

You can do a very cursory screening check for this using GAPS. http://www.google.com/advanced_patent_search but really need to see a patent attorney to have that done professionally. A patent attorney will have the knowledge and skills to review the prior art patents that would be found in a patent search. It is unlikely that you can do much more than review the written description of the patent to see if your item is disclosed. It is not apparent that you understand the difference between the patent description and the patent claims and which actually covers the invention in a patent.

Short Answer: examine the product, its packaging and the manufacturer The type of search that will best suit your purpose depends on your goal. if you are trying to see if a specific product is patent protected, then you start by examining the product and its packaging to see if it is marked by a patent number or a "patent pending" notice. if not, that lessens, but does eliminate the chance that the product is still protected by a patent. You can also search in the USPTO website under the manufacturer's name and see if they are the assignee of a patent for this product. If your goal is to offer a similar product on the market, you can have a "freedom to operate" search, which basically looks for patents and patent publications on the product and its technology. If your goal is to perhaps challenge the patent, you would do a "validity" search, which is broader than just looking for a patent on the product, but looks for any "prior art" that may invalidate it. Good luck.