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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.
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.
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:
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.
A 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.
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.