What is Prior Art?
A patent grants the inventors legal rights to exclusivity of the invention. Therefore, the patent proves to hold substantial importance in safeguarding innovation. And, the more the delay, the higher its chances of getting leaked or obvious. Prior art, or prior art search as the name describes, is any information known to the public before the date of the patent claims.
A patent is unique, and an applicant cannot be granted for something known to the public. Therefore, a patent is only accepted and granted if it’s unknown to the public before the filing date.
What is a Prior Art Search?
A prior art search is crucial, as it determines the chances of getting a patent. The applicant gets a good idea when the prior art search results are revealed. They can decide whether or not to file or prosecute the application. Since the process involves both time and money, one must be sure if the patent is worth it.
Although, it is not a compulsion for patent applicants to do a prior search. However, this procedure can be crucial and protects the applicant from patenting what is right and meant for them.
The most obvious form of prior art search includes the one previously granted a patent or published in the patent application. But this is not it; there can be other instances, too. And prior art search helps identify the patent’s authenticity of exclusivity. The sources of prior art considers:
- Patents
- Published Patent Applications
- Products
- Books and other periodicals too.
Types of Prior Art Searches
Novelty Search
In this search, the applicant verifies the patentee who has intentionally deceived the PTO in the patent application process. It is a situation termed as unenforceable, and these nullified all the patent lawsuits.
Validity Searches
In this search, the applicant demands patent reviewing by the Patent Trial and Appeal Board. If they declare it null, it will show that the applicant cannot infringe on it and they can also move ahead by using quality insights to determine the probability of invalid patent claims..
Clearance Search
Clearance Search is the freedom to operate a search. It is a precautionary measure used by companies to anticipate further infringement, especially when launching a new product in the market. It is a study that helps business owners identify and avoid any infringement.
Landscape Search
A patent landscape search is performed for the business to get information on scientific and technological trends. It is a report that typically focuses on a single industry and technology region. These are also published in journals and help businesses identify competitors.
Importance of a Prior Art Search!
A prior art search is usually performed and is essential during the patent process. It is done for two instances:
- Prior art search during patent examination (it is mandatory)
During the examination process, prior art search proves to be an essential step. Here is when the examiner tries to figure out prior art references. It also includes patents and non-patent work, affecting the chances of the patent being granted. It is an essential duty of the patent applicant to learn if they have a unique patent. In the examination report, it is crucial to prove the invention is unique and different from any other prior art.
- Prior art search at the time of filing a patent (it is optional)
Since the examiner is bound to conduct a prior art search during the examination process, it becomes equally essential for a patent applicant to do a detailed prior art search. Though this process of prior art search may be optional, keeping the flow going is highly recommended.
Why PATHtoIP® for Prior Art Search?
We are indeed the best choice when it comes to prior art searches. It is because of our proven work experience and track record of offering unparalleled services. As an experienced firm, we have highly skilled, trained analysts and a team of highly-experienced prior art researchers.
The professionals with us have years of experience dealing with prior art research in more than one field—Pharmaceutics, Pharmaceutical chemistry, Chemistry, Life-sciences, Biotechnology, Microbiology, Engineering etc.
We have our practice area in multiple fields, including Pharmaceuticals, Drugs, Chemicals, FMCG, Consumer products, Medical devices, Polymer chemistry, Life science, Bio-technology, Microbiology, Electrical engineering, Mechanical Engineering, Environmental Remediation, Material Sciences, IoT and the list goes on. We, as a team, bring expertise to the table and deliver quality results on every project.
Our rigorous quality assurance before delivering results helps enhance the company’s reputation. We are smart, strong, innovative professionals with flexible work styles, and we adopt a very agile model when working with different clients with different sets of expectations.
Finding Proper Searches
Our prior art search includes a search on patent applications, granted patents, foreign patents, and non-patent literature, review articles, market products, clinical trial studies. The results help businesses understand the right patent and other prior art references. We at PATHtoIP® ensure that every client is satisfied with the highest quality prior research! Our team holds the skill and expertise to find out relevant search results. Also, to prove the non-obviousness of the innovation and offer references accordingly.
Being a top-rated, well-experienced firm, we offer result-driven solutions. Our results are flexible, scalable, and capable of reaching your goals.
Our dashboards are quite broader and dynamic, along with being engaging, and it helps you to understand your business in a better way. We can also help with multi-lingual searches, so there’s more clarity.