PRIOR ART SEARCH

Prior Art is everything that is conducted before filing the applicant for a patent protection, by means of oral or written description. Two major requirement to understand whether the invention is patentable or not- novelty and non-obviousness. Thus, prior art search can help the applicant save time, money and effort for drafting. It can also help in focusing the specification so the applicant can identify the risk that may come in future, thus reducing the chance to get into litigation.

It arises when someone has filed a patent application that was eventually published or issued as a patent. However it does not include-

  • Publication with least detail
  • Trade secret
  • Confidential disclosure

IMPORTANCE OF PRIOR ART SEARCH

  1. Drafting a patent claim or specification.
  2. Ownership of patent
  3. Validity of a patent application
  4. In licensing or out licensing
  5. Market search
  6. Avoid litigation

A good prior art search looks for any publication or product or appearance, which will show the applicant has already disclosed the invention before filing the application. It is mostly performed by a patent attorney or a patent agent or a patent searcher. It is a broad concept.

TYPES OF PRIOR ART SEARCH

  1. Advance keyword search
  2. Number search
  3. Legal status search
  4. Patent classification
  5. Structure base

STEPS TO CONTINUE SUCH SEARCH

  1. Finding the right keywords
  2. Product searching or market search
  3. Search to be conducted on patent database
  4. Search to be conducted on non-patent database
  5. Save all the relevant results and documents.
  6. Prepare a report on the basis of this search.