What is Prior Art Search?
A Prior Art Search is an analysis of inventions that are similar to yours. Such similar invention(s) forms a part of what is technically known as “prior art” or knowledge already persisting in the public domain about your invention. To be granted a patent by the Relevant Government Authority, the patent examiner must determine if your invention meets the patenting criteria of novelty, non-obvious and usefulness or not. The report enables you to get a wholesome knowledge about all prior art persisting in relation to your invention which assists you to take a reasonable decision before you file your application with the relevant authority. The prior art can be used by the authority’s examiner to access your application while processing the same. A preliminary assessment can be thus made as to whether Patent Office will consider your invention novel, non-obvious and useful or not. With the help of this research, you can also make changes in your invention to make it eligible for Patent to avoid any further chances of conflict.
Our Prior Art Search Services
Freedom to Operate Search: USD 125*
Get a Prior Art search conducted within the territory of United States to see if your product is infringing upon an existing granted or applied for a patent.
USA Prior Art Search: USD 175*
Get a prior art search conducted for both patents as well as non-patent literature all over the world to analyze the chances of a successful patent grant in any country of your choice.
Prior Art Search Service
FAQs on Prior Art Search
A patent search which is also known as Novelty search is a search conducted to check whether a similar invention is already registered or published for registration as of yours. Patent search is conducted online or in database available at the registry of the Patents and Trademarks.
Normally a patent search is conducted online using the available resources provided by the relevant trademark registry. The search can be either a general one or pertaining to specifications you want i.e. whether are you looking for an invention in the field of Utility patents, Design Patents or plant patents. The search is conducted by entering or deleting certain keyword i.e. selection of proper keywords. After conducting a thorough research, a search report is prepared. There are also databases available in the respective Patent and Trademark Registry. You can also go there and search the database manually.
The types of patent search can be different
in different countries, but there
are four basic types of searches:
State of the Art Search
On what stage of the patent process you are conducting a search will decide which type of search is to be conducted.
Since there are different kinds of patent searches, the timing depends upon the status of your invention and your requirements. If you are still planning to apply for a patent, patent search will be done before making the application. If you want to check for infringement of your granted patent, a search will have to be done after the patent grant.
Patent drafting and filing is a tough, time and money consuming process. Patent is only grated if the same invention is novel (new), useful and non-obvious. To have novelty, the invention must be new and should not be published anywhere in the world. Sometimes, there might be situations where you draft a patent application, devote your time and money and the same might get refused on the basis of invention not being novel (new) or the same being known to the person skilled in the art. That might create financial burden. Moreover, Patent search may find an opportunity to improve on existing technology “gaps”. Further, the Patent search can uncover the expired patents which are in public domain and therefore can be used without paying anyone a royalty. After doing a patent search, you might get an extremely narrow claim, and it might be in your best interest not to invest money in that invention.
“Prior Art” is anything in public domain whether patented or not patented and based on which you can decide the novelty of your invention. Anything similar which is already before your invention can stop your patent from being granted.
Normally, the search is conducted online but if not done properly, it can be of no use. Doing a legal search on databases requires skill, experience and expertise. It is an important process as it decides whether your invention is new, novel and whether can be patented or not. If done individually and without any proper guidance, it can prove to be time consuming process and may not provide useful information. Preparing the search report and deciding on the basis of same requires knowledge of that particular field. Thus, it is always recommended to consult an expert for the same.
Unlike trademark search, patent search can be time consuming. Patent search requires a detailed search of the inventions and its claims as an inventor needs to check both. Moreover, it is also not a territorial search and the invention needs to be searched globally which makes the process even lengthy.
No, patent search is not mandatory but it gives you the basic idea of all patented inventions or information regarding inventions which are in public domain. Those inventions which are in public domain or which are patented cannot be patented anymore. This is important to know in the initial stage of the patenting because getting a patent is tedious job. It is better to get an idea in the initial stage rather than realizing in middle of the process.
You won’t get much options after conducting a search. There can be same/ similar patent either in the database or in public domain. If that is the case, an inventor has an option to either change the claims according to the “gap” available or opt for a new invention. While if the result shows 0 match, the inventor can continue with the patent and get it registered as soon as possible.
Advantages of Prior Art Search
WHY YOU CHOOSE US ?
Undaunted Passion for the Discipline
The basic source of our team’s strength and commitment lies in our dedication towards the discipline. Almost all of our team members exclusively have specialized in the field of Intellectual Property Rights and are passionate to deliver their best in terms of services.
Young Team of Professionals
Our team comprises of a group of skilled and young professionals who are capable of handling several tasks in an impeccable manner. Our young team of professionals specializes in the discipline of Intellectual Property Rights and has been delivering time bound results without compromising with the quality of the work. Our ambitions are driven by the idea of success which we believe rests in our client’s level of satisfaction with our work.
Global Network of Clients
Our client base has no geographical boundaries. For the last three years, we have been working with clients based in the regions like North America, South America, Australia, Europe and several South Asian Nations. Our global reach established via international networking in such a short period of time is purely a result of high level commitment towards our work and client satisfaction which we have garnered through the quality of our work.
Lex Protector helped us file several trademarks and copyright. They were easy to reach, always available and were quick to understand the legal requirements of our business. Recommended!
Great work as always for Trademark Search from Lex Protector.
Professional, great communicators, great results. Would not hesitate to use firm’s services for trademark registration again. Thanks!