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How Is Prior Art Search Important Before Submitting Your Patent Application?

by Steven Brown
client discussing his patent

In order to protect your invention and get a patent for it, you need to do a prior art search. This is an important step that many inventors overlook. Prior art search is the process of finding any information that is publicly available about your invention. This includes patents, published articles, and anything else that is related to your invention. If you find any prior art that is similar to your invention, it could prevent you from getting a patent. In this blog post, we will discuss why prior art search is so important and how to conduct a proper search.

What is prior art search and why is it important for patent application?

Prior art search is the process of finding all information that has been published about your invention before you file a patent application. The purpose of prior art search is to make sure that your invention is new and has not been previously disclosed. If prior art exists, it may be used to reject your patent application or to narrow the scope of your claims.

Prior art search is important because it can help you to avoid wasting time and money on a patent application that is not likely to be successful. It can also help you to avoid infringement of other patents.

There are many ways to conduct a prior art search, including searching online databases, visiting libraries, and contacting patent research experts in the field. If you are not sure how to conduct a prior art search, you may want to hire a patent attorney or agent to help you.

How to do a prior art search?

A prior art search is an important part of the patent application process. It allows you to find out if your invention has already been patented or described in the literature. This can save you time and money by avoiding duplicate work and unnecessary experimentation.

There are a few different ways to conduct a prior art search. You can search online databases, such as the US Patent and Trademark Office website, or you can search through physical libraries of patents and scientific journals.

You can also hire a professional patent searcher to do a thorough search for you. This is often the best option if you have a complex invention or if you want to be sure that you haven’t missed anything. 

Types of prior art that can be found during a patent search

There are many types of prior art that can be found during a patent search. This includes patents, non-patent literature (NPL), and other public information.

Patents are the most obvious type of prior art. A simple Google Patent Search will turn up millions of results. NPL can be trickier to find, but is often available through online databases such as Google Scholar.

Other public information includes things like conference proceedings, technical standards, and even product manuals. This type of prior art can be very valuable in understanding the state of the art at the time of your invention.

A good prior art search will turn up all types of relevant prior art. This can be used to determine whether your invention is novel and non-obvious, or if it has been done before.

The benefits of conducting a prior art search

It is important to conduct a prior art search before submitting your patent application for a number of reasons. Firstly, it can help you to determine whether your invention is novel and not obvious in light of the prior art. Secondly, even if your invention is novel, the prior art may disclose features that could be incorporated into your claims to make them more narrow and therefore more likely to be granted. Finally, the prior art search can help you to assess the commercial viability of your invention, as it can provide information on whether there are similar products already on the market.

Tips for patent applicants on how to avoid potential problems during the patent application process

It is well known that patent applicants must perform a prior art search before submitting their patent application. The purpose of the prior art search is to find any earlier patents or published applications that might be relevant to the invention claimed in the applicant’s application.

If an applicant fails to perform a proper prior art search, they may later discover that their invention has already been patented by someone else. This could lead to the applicant’s application being rejected, or even worse, their patent being invalidated.

To avoid these potential problems, it is important for patent applicants to perform a thorough prior art search before submitting their application. There are a number of different ways to conduct a prior art search, and the best way to do so will vary depending on the specifics of the invention.

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