More details to this question:
Hello! I am looking for someone to do a simple patent search on a product I am thinking of developing and selling. There is a massage tool that I am interested in making some adjustments to and selling, the current product available on the market says "Patent Pending USA and Canada". But I have done a search on Google Patents and on USPTO for this item and can find no active patent. I have had this item in my possession over 5 years (maybe closer to 10 years) so I don't think this is simply a case of waiting for a patent on this product to go through. I have looked up the company name, the brand name and the product description and see no patents. I also looked up their personal website and their product page on Amazon and I see no mention of a patent. I really think a patent doesn't exist for this product (it is a simple massage tool- not electronic) but I would like this confirmed by a lawyer before I proceed.
1 ANSWER
Patent Applications Filling and Prosecution Attorney serving Bellevue, WA
Partner at
Claiborne Patent Law Services
4 Awards
A patent search is an examination of patent databases for patents similar to the technology that is the subject of the search. The purpose of the patent search is to locate related art that might be prior art to the invention. In your case, you are interested in a freedom-to-practice search.
If prior art is found in a valid and enforceable patent that fully anticipates the invention in question, you will not be able to practice the invention without a license from the patent owner.
If prior art is found that might render the invention obvious, it is often worthwhile for the inventor to determine whether the owners of that prior art may assert a claim against practicing the invention in question.
Determinations of novelty and non-obviousness are made based on law applied to the facts of the invention and the prior art. To be of value to the inventor, the results of a patent search should be accompanied by a written opinion of their significance by a registered patent professional (attorney or agent).
Please contact our firm is you wish to retain us to conduct a patent search for your invention. abc@claibornepatent.com
Answered on Oct 28th, 2019 at 9:03 AM