Someone might have already had the same idea, or maybe you’re the first. The only way to know for sure is through a patent search. The search will tell you if your idea has been patented already and, if so, whether the patent is still in force.

The USPTO’s patent-cataloging system is pretty complex, and the amount of prior art you may need to look through can be staggering. The office has issued more than 7.5 million patents to date, and the number grows daily. At its Public Search Facility in Alexandria, Virginia, 30 million references are on file, according to the Public Search Facility. The Scientific Library has a collection of more than 120,000 volumes and provides access to commercial databases. The USPTO Public Search Facility has over 200 terminals offering access to more than 120 million documents electronically.

You can’t avoid doing a search if you want to know whether your idea is original. And you need the results of a search if you want to protect your idea with a patent.

When you apply for a patent, an examiner will do a search, and if your application is rejected based on prior art, you’ll lose the application fee, not to mention significant time and energy. But even if none of the earlier patents show all the details of your idea, they may point out important features or better ways of doing the invention.

In the event nothing is found to prevent or delay your application, the information gathered by a search will prove helpful, acquainting you with the details of patents related to your invention.

By the way, not all inventions are patented, so it’s also a good idea to research your particular market for evidence of your idea. You might do this through a combination of library research, web surfing, and one-on-one interviews with experts in your field of invention or trade. (See Part 5 for information on how to search trademarks.)