How to Determine if a Patent-Protected Invention is Being Used

Determining whether a patented invention is being used can be a complex and often challenging task. This article provides a comprehensive guide on how to approach this issue effectively, ensuring that you are as thorough as possible in your investigation. Whether you are a patent holder or an individual concerned about potential infringements, here are some steps you can take to gather the necessary information.

Step 1: Searching the U.S. Patent and Trademark Office Online

The first step in determining if a patented invention is being used is to visit the official website of the U.S. Patent and Trademark Office (USPTO).

Research the Patent Database: Use the USPTO's online database to look up every listing that may match your invention. This database provides detailed information about patents, including drawings and detailed descriptions that can be invaluable in your search.

Identify Additional Additions: If your invention has already been patented, consider any additional features or improvements that could lead to a new patent. An inventor holding a patent for a product can earn another patent for a useful addition to their product.

Consult a Patent Attorney: It is highly recommended to consult with a patent attorney or a legal expert who can clarify any doubts and provide guidance based on your specific situation.

Step 2: Conducting a Web Search Using the Patent Number

Another effective method is to conduct a web search using the patent number. This can often reveal whether the patent owner has incorporated or used the patent in their products or websites. Here are some key points to consider:

Search for Patent Inclusion: Many product documentation pages and websites include statements such as “Protected by patents US1234567 US 2345678…” When you search using the patent number, these statements can provide clues about usage.

Review Web Listings: Comprehensive search engines and specific patent search engines can help you find whether a patent is mentioned or referenced on web pages. This can indicate the true usage or potential violations.

Step 3: Contacting the Patent Owner's Intellectual Property Department

Direct contact with the intellectual property (IP) department of the patent owner can be a powerful means to gather accurate information. Here's how to proceed:

Research the Company: Identify the IP department of the company holding the patent. Major companies typically have a dedicated department for managing their patent portfolio.

Prepare Your Questions: Prepare a list of detailed questions regarding the patent's usage and any related infringement issues. Ensure that your communication is professional and concise.

Communicate via Email or Phone: Reach out to the IP department through email or phone, providing your contact information and requesting a response. Be prepared to wait for a response, as these departments can be quite busy.

Step 4: Checking the Patent's In-Force Status

Understanding the patent's in-force status can provide clues about its usage:

Review Maintenance Fee Payments: A patent remains valid as long as the owner pays the maintenance fees. Research if the patent owner has paid the required fees. This is a strong indication that the patent is still in active use by the owner.

Examine Patent Expiry Dates: Obtain the expiry date of the patent to understand how long it has been in force. A patent typically lasts for 20 years from the filing date.

Verify Licensing Agreements: If the patent owner has licensed the patent to other entities, these licensing agreements can be a good indicator of usage. Check with the patent office or the patent's owner for any such information.

Conclusion

While it's important to note that there is no generally complete method to determine if a patent is being exploited, the steps outlined above can greatly enhance your chances of finding the information you need. By utilizing online databases, conducting web searches, and reaching out to the relevant IP departments, you can gain a better understanding of whether a patent-protected invention is being used or potentially infringed upon.

Remember, the absence of proof is not proof of absence. Be persistent and thorough in your investigation to ensure that you have collected the necessary evidence.