There are three types of patent research that should be done by you or your attorney. These types of research are patent infringement, patentability, and idea generation.
Patent infringement is a very common reason to research patents. This type of patent search is done and patents are examined to determine if the invention infringes on the claims of another patent. You would do this by examining similar patents to your own and comparing them. It is important to look at what has already been patented. If your idea infringes on a particular patent, you should check to see what the issue date is. Patents expire in 20 years so if it has been more than 20 years, you could use the patented material from the invention. If the patent is still existing and you decide to take your product to market you could be opening yourself up to many legal issues. If you find that your patent does infringe on another patent you could: change your invention by designing around the patent claims that could be infringed upon; get a license from the inventory; or just give up the idea altogether. Most attorneys would probably recommend to change your idea or just abandon the concept.
Another type of research inventors should do is a patentability search. It is a tough standard for a patent to be patentable. Your invention should be novel, non-obvious and useful. Inventions ideas are usually useful but being non obvious and novel seem to be the cause of most patent rejections. This is the reason why patentability searches should be done by professionals.
Patent research is also a great way to find new ideas. You can look at what other people have done for solutions and then apply that solution to your situation. This is a great technique to use to build on initial thoughts and to solve problems.
Always consider hiring an attorney to help you do your research or do the research for you.
