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Prior Art Search | Wissen Research

Prior Art Search

An invention that existed before yours but is similar to your invention is considered a Prior Art. A Prior Art Search is carried out to ascertain whether an invention is innovative and non-obvious. An invention cannot be patented unless it satisfies the requirements of novelty and non-obviousness. 

A prior art search looks for goods, innovations, and ideas that can be identical to your invention. If your invention has a similar Prior art, then the examiner will reject your patent application. Because the invention has already been filed and all your time, efforts and money will be wasted. That’s why you must conduct a Prior Art Search if you have an invention or an idea. 

Benefits of Prior Art search

A Prior Art Search reveals the availability of any prior information or knowledge that existed before the priority date of the invention. As an inventor, you need to have a clear idea about how original and non-obvious your innovation is. Later, the inventor can rework his idea to establish novelty in invention so that patent can be granted. As a result, a prior art search will enable you to identify what is already known (prior art) and what is new (invention).

The findings of a prior art search can also be used by an inventor to understand the current 

State of the Art in his field of research, which is a secondary benefit. This will provide direction on how the future scope of research might be established.

Purpose of Prior Art Search : 

  • Show that your idea is new and original; 
  • Keep an eye on patents that you don’t unintentionally infringe if you market your idea.
  • Assess the strength of your idea.
  • Recognize how your idea fits in the technology landscape.
  •  Look over the patent applications that others in your field have made.
  •  Keep an eye out for individuals who may try to steal your idea in the future.

Types of Prior Art search

Patentability Search

Prior art discovered through a Patentability Search will help you find new ways to make your idea truly unique and help you make changes to your invention. Analyzing what is already existing in the market will assist you in making better decisions related to your invention 

If you wish to get a patent, your invention must fulfil these three considerations. Those considerations are: 

  • Unique: your invention must be different and unique
  • Useful: It should have some industrial applicability. 
  • Non-Obvious: Your invention must not be obvious to the person skilled in the art. 

Freedom to Operate Search/ Clearance Search 

When you want to commercialize your product, you want to ensure that you don’t infringe on someone else’s patent rights. Patents can restrict you from commercially producing or selling your product and you can identify it through Freedom to Operate Search. Freedom to Operate Search is normally performed in the country (jurisdiction) where you intend to market your idea.

Freedom to Operate Search is essential when you want to launch your product in the market. 

FTO Search can assist you to avoid any infringement risks while launching your product. It compares your product with a suitable set of patents to identify the level of risk associated with launch of your product in the market.

Validity Search

Patent Validity Search is conducted to ensure that the granted Patent is valid and enforceable. Validity Search intends to uncover the Prior Arts that could have been missed by the examiner. Patent Validation Search is also done to check the strength of the patent and remove any chances of invalidity later. Validity Search is also conducted in cases of IP Due Diligence.

Invalidation Search

Invalidity Search is conducted as a preventive measure when someone files a Patent Infringement case against an invention. This search is also focused on finding relevant Prior art that could help in proving that the granted patent is not new and therefore should be invalidated. Patent Invalidation Search is conducted to find all documents that can be related to the patent and non-patent literature.