September 3rd, 2009
This is the usual question asked by prospective patent applicants, and it is certainly a reasonable question to ask. During examination of a patent application filed with the U.S. Patent & Trademark Office (”USPTO”), the USPTO will perform a search in an effort to discover one or more references which may anticipate or otherwise suggest a claimed invention, thereby rendering the invention unpatentable. The determination of patentability is a question of law, and as such an attorney experienced with patent matters is best suited to provide an opinion regarding whether an invention may be patentable. Similarly, performing a search of documents relevant to the patentability of an invention is a meticulous task which benefits from the expertise of a professional.
Regardless, it is never a bad idea for an inventor or others with interest in an invention to perform an initial search to discover what may have preceded the invention. At the very least, having a few reference documents provides a starting point for discussions with a patent attorney.
The U.S. Patent & Trademark Office website includes free search tools for accessing text and images of U.S. Patents and Patent Application Publications patft.uspto.gov. Using these tools requires time to familiarize oneself with patent terminology and search methods particular to the USPTO. A skilled searcher may perform a thorough search of U.S. Patents and Patent Application Publications with the tools provided on the USPTO website.
Another free tool for searching U.S. Patents and Patent Application Publications is GoogleTM Patents at www.google.com/patents. The interface is similar to that of the GoogleTM main site and does not require extensive familiarization to perform a search. However, it appears that it may be difficult to perform a thorough search using the GoogleTM search tool. The website www.freepatentsonline.com also provides a relatively user friendly interface for searching U.S. Patents and Patent Application Publications, as well as European and International patent documents. With any third party non-governmental search tool, a user should be cautious as there is no guarantee that such tool provides access to complete or current document databases.
Finding a patent or other document disclosing a system, device or method related or similar to a particular invention does not necessarily mean the particular invention is not patentable. As indicated above, patentability is a question of law and is subject to legal interpretation. On the other hand, failing to discover any document disclosing a related or similar system, device or method will not guarantee a determination of patentability by the U.S. Patent & Trademark Office. Regardless, taking time to educate oneself about existing technology is an important first step in securing protection for your invention.

From U.S. Patent No. 7,563,212, Inventor: Aaron L. Smith, Firm: Dovas Law, P.C.
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June 24th, 2007
Being a country with an economy which relies overwhelmingly on exports, China as a whole has been paying much closer attention to foreign intellectual property rights. The province of Guangdong, located on China’s southern coast adjacent to Hong Kong, ranks as the highest volume importer and exporter in China, and the local governments therein are acutely aware of the effects that foreign intellectual property laws have on their local economies. The Dongguan City Science and Technology Bureau sponsored a presentation by Dovas Law and Advance China I.P. Law Office to provide an audience of manufacturers, lawyers and business people an overview of U.S. patent law, addressing the issues of greatest interest to Chinese exporters. In the question & answer session which followed, audience members voiced their many concerns about U.S. patent law as relates to their respective industries.

Dimitri Dovas (Dovas Law) and Shelley Zheng (Advance China IP) present to an audience of manufacturers, lawyers and business people, Dongguan City Science and Technology Museum, Guangdong, P.R. China, 23 June 2007


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October 12th, 2006
As Chinese companies are increasingly pushing their own domestically designed products into the global market place, a strong interest in the particulars of U.S. and international patent laws has developed. Midea Holding Co Ltd, one of China’s largest home appliance manufacturers (expected 2006 sales volume of $6 billion) has set its sights on US shores. Recognizing the potential complications involved with introducing new products abroad, the intellectual property department at Midea sought an all-day forum with Dovas Law and Advance China IP to allow its in house counsel and engineering staff the opportunity to interactively address U.S. and international patent procedures. As recognized by the management at Midea, evaluating benefits and pitfalls from an intellectual property perspective is imperative when considering the pursuit of foreign sales.

Dimitri Dovas (Dovas Law) and Shelley Zheng (Advance China IP) present to Midea Corporation, Guangdong, China, 20 September 2006.

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July 12th, 2006
During the months of May and June 2006, Dovas Law presented on-site patent prosecution seminars to intellectual property law firms in Beijing, China. The seminars were aimed at increasing the awareness of Chinese patent professionals of the U.S. patent prosecution process.
The number of patent applications filed in China has grown to large numbers (over 300,000 in 2004). However, the number of patent applications filed in the U.S. naming Chinese inventors remains relatively low, less than 2000 filings in 2004. Cost is an overwhelming barrier for Chinese individuals and companies wishing to file for patent protection in the U.S. When it comes to paying the high fees of many U.S. law firms, the Chinese are at a significant disadvantage due in great part to the still undervalued Chinese currency. Accordingly, Chinese businesses are at a disadvantage in the technology driven global marketplace where protection of innovation is imperative to success.
Through the Dovas Law seminars, Chinese patent professionals gained a better understanding of U.S. patent prosecution. By providing Chinese patent professionals with the knowledge and tools to participate in the U.S. patent process, Dovas Law aims to reduce patent filing costs for the clients of Chinese law firms. With reduced cost, more Chinese companies and individuals can obtain U.S. patents and successfully enter the competitive U.S. marketplace.

Dimitri Dovas presents to a group of patent professionals at Beijing Sanyou Intellectual Property Agency Ltd., Beijing, China.
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