Would you go into a company without any preparation? Don’t file a patent registration application until you have had a comprehensive patent search performed. Even you must understand patent search importance.
A patent search is a significant step to take before filing a patent application. Just as you require to do due diligence before buying on any company venture, you expected to do your patent proper search before filing a patent application. Although there is an extra cost associated with have a patent search done, it can potentially save you money down the road. Just imagine you didn’t apply for patent search and some are already using that Computer software or Machines and you go for patent filling the application will get rejected. So, understand what is a patent search and its importance.
Introduction: Patent Search
A patent search, or patentability search, is a search of existing or already registered patents. And other publicly-available documents to find the nearest existing things to your invention. A patent application is examined by the Patent Office by linking the claimed invention with the prior art. Even a patent can be allotted if the patent examiner is satisfied that an invention is unique and not an obvious mixture of things in the prior art.
It is usually the first thing that is done in the patent process. The idea of a patent search is to learn how diverse an invention is from what now exists in the prior art. A patent search will not notify you if your invention violates someone else’s patent.
The patent search answers a small part of the overall legal standard for obtaining a patent. The legal guidelines for getting a patent are:
- The invention must be available for patent protection i.e., it must be the patentable subject matter. You can patent :
- Business methods
- Computer software, hardware & accessories
- Internet advances
- The invention needs to be non-obvious that is it must be a vital advancement of existing technology.
- You should file a patent application with TrademarkCart we ill further simplify your work. And forward your application the Trademark Office (USPTO). The application must be examined to observe if it reaches the standards above, in addition to other legal standards.
A patent search will assist a potential applicant to understand if they can meet the following criterion discussed above—that an invention should be novel. The searcher tries to find patent documents that show how to make and use the invention that reveals the intent of novelty.
Importance of Patent Search
Time and cost savings
Patent searches are very less expensive than making and filing a patent application only to trigger executing the same in the Patent and Trademark Office and in international patent offices. Hence, it is enough to find out early on from your patent attorney that the patent search showed one or more similar or identical inventions. Better avoided is getting that same data from a USPTO examiner 2 to 4 years later — after having spent time and money making and filing a patent application. And possibly having taken money from investors or having spent money manufacturing a product that has zero proprietaries.
Helping of extra innovative features
If the patent search results show there are many patents and pending patent applications including the overall creative product idea or change, an inventor may be able to direct the patent prosecution process to his authority if he thinks of extra innovative features about his invention.
That is, if the patent search shows the original product is known, the inventor can think of extra innovative features to improve the likelihood of being granted a patent. These additional innovative features can be involved in the patent application before it is filed. Of course, once the patent application is registered, extra innovative features cannot be attached to the patent application.
Increase chances of patent success by working around existing inventions
Even if you think that your invention does not previously exist, it is necessary to see inventions that are related. You require to know who your “opponents” are. The patent search will give you inventions that are alike to yours. By examining the same inventions, you have a chance to change your own invention to be more different associated with what already exists. If you notice an invention with the same element, change your own now while you still can. By making your invention as different as possible and then filing the patent application, you improve your chances of future patent success.
It is necessary to remember that a patent search will involve not only US patent databases but also worldwide patent databases as well. Your patent application can be denied by the USPTO if the same invention was filed anywhere in the world.
Accrual confidence in the patentability of your invention
Before you continue with filing a patent application, you will need to understand what the chances of patentability are. A patent search will show you inventions that are the same as yours and the incorporated patent search report will provide you a level of assurance as to whether or not your invention can be secured. In order for your invention to be patented, it needs to meet the patenting criteria of as novel, non-obvious, and useful.
Another major cause for carrying a patent search is that while applying for a patent, the inventor requires to explain his complete invention. Even if his patent gets denied, his application will be held before art, open for all to view. This means that opponents can get free utilization of their hard work. A patent search assists to avoid such a situation. Even if your invention is not patentable according to law, you can apply it as a trade secret and gain revenue.
There are several ways and techniques for protecting your invention, and securing a patent is one of them. Unfortunately, securing a patent is not a simple or sincere process. This process can be more difficult and long if you are looking to protect your patent in various jurisdictions. Our team of IP lawyers and patent attorneys have vast experience in this area and would be happy to help with protecting your invention.