Patent Guide: Ch. 5 Your Personal Patent Assessment Tool and FAQ's

Chapter 5

How do I know if my device is novel?

You are in the best position to know the state of the art in your area of expertise.

You are probably aware of your major competitors and the products they sell and the publications they have made. This is a good place to start, if you are confident your competitors’ products and publications are different from yours then it looks like you are headed in the right direction.

The next step would be to perform an internet search to see what other information is publicly available. If you don’t find anything, you can conduct a search of patent literature on the major Patent Office websites such as USPTO and EPO. You can also search for patents in other countries using Google patents.

The legal language used in patent documents can be difficult to interpret. If the document seems to be in your area then you’ll need to check the entire document to see if your invention is disclosed.

We do also strongly recommend having a professional patentability search done as well, to avoid making a costly mistake.

Weak or non-existent patent protection can really reduce the value of your device!

Young thoughtful handsome man in casual thinking over the ideas

How do I know if my device would infringe someone else’s patent?

The first step would be to conduct a search of patent literature in the countries you will make, use, or sell your invention. The Patent Office websites in the USA and Europe are USPTO and EPO. You can also search for patents in other countries using Google patents.

For your invention to infringe a patent, the patent needs to be granted and your invention needs to be covered by the claims of the patent (these are numbered sentences usually at the end of the patent document).

You also need to consider published / not granted patents as these may eventually become granted patents, though the claims may be in a different format.

The legal language used in Patent documents, and in particular the claims of patent documents, can be difficult to interpret. If it is in your area then you will need to check the claims to see if your invention is covered.

We do also strongly advise seeking professional help to determine whether your device is safe from infringement. Infringing someone’s patent could block you from selling your medical device - and even shut down your company!

Wondering if your idea is patentable? Have a question about this article? We can answer all of your questions — just hit "contact us" down below!