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Thursday, August 23, 2012

All About Prior Art and Patent Searching

Patent Search
Prior art is information about an invention that has made public knowledge before a specified date. Such art may include patents related to your invention, published articles on your invention, and public demonstrations. Prior art is used during a patent search to determine whether the invention under review can be considered a novelty. Based on the findings of the review, prior art can either qualify or disqualify your patent application.

The Importance of Prior Art in a Patent Search

Prior art plays a crucial role in deciding the validity of your patent application. When your patent application is compared to prior art, the reviewer looks for the novelty or non-obvious nature of your work.

Benefits of a Patent Search

A patent search will help determine whether you can move forward or put an end to a specific invention. Such a search should provide you with any similarities that your invention may have when matched against prior art.
This may end up saving you the time and hassle of having to be sued for patent infringement because of a minor oversight on your part. Moreover, as you delve deeper into your patent search, you’ll expand your knowledge of the field. This may eventually help you to understand your competition; learn more about inventions in your field; write a patent application; and avoid patent infringement.

Disadvantages of Patent Searching

While there are many benefits to be reaped from a patent search, you may also encounter a few setbacks when searching. Your search may not yield a valid pool of results if you decide to use free tools to find prior art that may have a similarity to your patent application. You may miss a significant aspect during your search that may end up costing you more in the long run. For example, if you’re searching for prior art against which you can compare your patent, you may find results that are similar in nature. However, you may underestimate the depth of the similarities and proceed with your invention. In such a case, the original patent holder may file a patent lawsuit against you for patent infringement. While free tools may be a good starting point for a patent search, it may also end up costing you more than you expected. Furthermore, hiring a patent lawyer may appear to be a major expense, however such advice will help you in analyzing data in which you are less versed.

Tips for Maximizing a Patent Search

If you’re now entering the field of patent searching, it is recommended that you start off with a free search. Once you have discovered results that may pose a threat to your patent, you should hire a patent lawyer to review the issues that you found. Whether you find issues or not, it is still advisable that you hire a patent lawyer. This person will be able to provide you with greater insight into patent infringement or possible traces of such activity. You may be taken through several patent review stages depending on the results of your search.

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