Searching the Invention

Before filing your Patent Application often the next step in the process will entail a search of the relevant art. This is an important step for a number of reasons, but usually the most important reason is that a properly conducted search will either, save an inventor money or it will prevent him/her from embarrassment by doing or making something that they are not entitled to do or make.

The main reasons for conducting a search are listed below. Searches are made:

To avoid spending money on Patenting something that is not new.

To allay doubts about the value of an idea.

To give an inventor confidence to continue with their journey towards full product development.

To prevent an infringement of another inventor’s protected rights.

To keep a wary eye on possible competitors.

To assess the market place and whether or not an invention will satisfy a market need

To keep abreast of the latest trends.

To gain information as to how to solve a technical problem.

To find out about patented products or processes that have come out of patent and now free for all to make, use, sell or import

To find out about possible licensing opportunities.

Most inventors will have a good idea about what makes up the immediate art in a particular technical field, but unless they have a number of existing patents they are unlikely to have any real idea about patent databases and the patent literature populating those databases – all of which is considered to be publicly available and potentially novelty destroying to an invention.

Searching will usually involve many hours and can be done by anybody with enough time and patience. However, most people find the searching process a complicated one and it is one, which is best left to professional IP searching firms such as PatMark Research.

To learn more about searching please go to our Searching article which can be found in our “Virtual Library” section and click on to Articles and select Patent Searching. This article explains all about the different types of searches, the reasons for them and also includes some worked examples to get you started. The article also gives you helpful links to the free patent databases and links to various patent Classification system and how they work.

If you have any questions or would like help with any of your IP searches please contact us at webeditor@piperpat.com or go directly to search@patmark.co.nz

What is the Value of Doing a Novelty Search?

A major requirement for gaining patent rights is that the invention must be new and contribute to our fund of knowledge. A search for novelty will entail not only a search of published patents but also a search of published journals and other technical literature.

Searching can often be a grueling exercise, but a well conducted search will reveal to you both the significance of your invention and will allow you to find out sooner, rather than later, if your invention is new. A search will also enable you to identify more acutely the essential features of your invention and enable you to determine if your invention has wider applications that can also be protected.

Next – Confidentiality or Non-Disclosure Agreements