Businesses want to protect their designs, plans, and specifications for new products. Inventions and innovations are valuable intellectual property that deserve protection. A patent may grant exclusive rights to your designs and the right to use your IP. A prior art patentability search investigates prior designs to see if you can patent your new invention.
At Kondori & Moorad, LLP, a skilled intellectual property attorney can perform your prior art patentability search on your behalf. We help you protect your patents and your valuable intellectual property.
WHAT IS PRIOR ART?
The term “prior art” is well known in the IP community, but what does it really mean? Prior art, is a term used to describe information about a patent’s claim of originality. Prior art might include:
- Prior patents
- Scholarly or trade publications
- Conference presentations
- Existing products on the market
- Other information disclosures relevant to your search
A patent application for a new design needs to investigate whether the same or substantially similar items already exist. Companies with a new product use prior art to determine whether they may be entitled to a patent or whether their design may infringe upon third-party rights.
This is only one factor in determining patentability, but it is a crucial one. An experienced patent attorney understands the importance of this step and how to accomplish it for you.
HOW AN IP ATTORNEY CONDUCTS AN EFFECTIVE PRIOR ART PATENTABILITY SEARCH
A prior art search examines various databases to determine whether others have had a similar idea to yours. A qualified attorney will take search steps such as, but not limited to:
- Brainstorming Keywords: You need to account for different possible keyword combinations that may describe any prior art related to your product. Keyword searches require creativity to discover a variety of ways of describing the same thing.
- Search Patent Databases: An attorney can help you search for prior art on several patent databases, including the USPTO search interface, Google Patents, Patent Lens, and several others.
- Expanding the Search: A knowledgeable attorney expands the search beyond obvious databases. They can look to other public information to look for similar prior art, such as Google Scholar, scholarly articles, and product pages from other companies.
- Record Relevant Results: An attorney keeps detailed records of similar prior art and anything the USPTO may want for a comprehensive patent application. Detailed records are essential to successful prior art searching.
It is also important to know when to stop searching. There is vast information out there, but your goal is to figure out where your invention fits into the wider industry. Some “prior art” may not be published right away as it may fit within the 18-month publication window. Others may not appear in normal sources, and only after a patent application is made.
HOW LONG DOES A PRIOR ART PATENTABILITY SEARCH TAKE?
Your search may take just a few minutes to much longer. This often depends on how quickly you find similar prior art related to your designs. However, most patentability searches are time-consuming. Some clients begin a basis prior art search themselves, especially if they have specialized scientific or engineering backgrounds. However, an IP attorney should help perform a search when applying for a patent.
Applying for a patent is an important step in protecting the rights to your product. A comprehensive prior art search is critical to your application and the success of your plans. Take your time, work with an attorney, and be diligent in your search.
WORK WITH A PATENT ATTORNEY FOR YOUR PRIOR ART SEARCH
A prior art patentability search is a key component of securing your patent. At Kondori & Moorad, LLP, we take this search process seriously and use it to help you protect your innovations. Our IP attorneys are ready to speak with you. Contact us today to get started.