Finding if a patent already exists

[micky shae]

What is the name of your state? CO, TX

If someone has a patent or patent pending does it have to be listed on the bottle or packaging?

I found a product that was a stepping stone to something I want to expand on. It is a chemical. I have a variation of that chemical....it has a different additive that is not currently included on the one I would like to imitate.

There is no listing of a patent, copyright etc on the current product, I dont want to cross a legal line.

I did a search of the companies name and their product name and can find nothing showing either in a patent or copyright. Its a very small company.

Is there a way to do a patent search by company name or product name that would show it.

 

[Jimmy Mac]

You can never be absolutely sure a company does not have a patent on a product.

You asked, "If someone has a patent or patent pending does it have to be listed on the bottle or packaging?"

Answer: No. Marking a product with a patent is not required.

You asked, "Is there a way to do a patent search by company name or product name that would show it."

Answer: To search for a company name, go to http://www.uspto.gov/patft/index.html. Select "quick search". Select "assignee" and put in the name of the company.

You can do the same for patent applications, but assignee information for patent applications is much less reliable than for patents.

Not all patent assignments are filed. The database also is infrequently updated.

 

[patentcounsel]

You asked, "Is there a way to do a patent search by company name or product name that would show it."

Answer: To search for a company name, go to http://www.uspto.gov/patft/index.html. Select "quick search". Select "assignee" and put in the name of the company.

You can do the same for patent applications, but assignee information for patent applications is much less reliable than for patents.

Not all patent assignments are filed. The database also is infrequently updated.

...and, the database does not show exclusive licensees, who can also sue for infringement.