Filing a patent application is one of the important steps for the inventor or a company to secure the invention. He can take the benefits of patent rights for 20 years from the filing date. However, before filing the patent application in the IPO, you must thoroughly conduct the patent search because it is the first step to knowing whether your invention is novel. In this article, we will learn about the patent search and its benefits.
Meaning of Patent search
A patent search is a process conducted by the inventor or by the patent agent to ensure that the invention which is going to be filed is novel and patentable or not. The patent search is also known as the Prior art search. This search checks all the necessary information by checking existing patents, published patent applications and any other related documents present in the public domain.
As we know an invention which is publicly disclosed or already patented cannot be patented so, the patent search helps us to avoid infringing on existing patents and knowledge. There are many software and websites which can be used to conduct the patent search. This step can save you money, time and legal complications like infringement suits etc because if you file a patent application without checking the prior art, then you may be doing the infringement of a patent application which is already protected by others.
How to Conduct a Patent Search
There are mainly 2 different modes which can be used to conduct the prior art search. These modes are:
Using Patent Databases
There are different types of databases which can be used for the prior art search. Some of them are free tools and some are paid. The inventor can search the keywords related to his invention on these databases and find out if his invention is novel or not. In this, he can do the research himself without taking the help of others.
Hiring Professional
There are lots of services available in the market related to the prior art search. You can also hire a patent agent or any company which offers such services. These services will be paid but you will get the confirmation on time regarding your invention.
Patent Search Databases
There are different types of patent search databases which secure the data related to patents of different countries. These databases are:
PQAI
Website: https://projectpq.ai/
Google Patents
Website: https://patents.google.com/
Espacenet
Website: https://worldwide.espacenet.com/
Patent Lens
Website: https://www.lens.org/
Patent scope
Website: https://www.wipo.int/patentscope/en/
Inpass
Website: https://iprsearch.ipindia.gov.in/publicsearch
USPTO
Website: https://www.uspto.gov/patents/search
Patent Guru
Website: https://www.patentguru.com/
These are the common databases which can be used to do the prior art search.
Benefits of Patent Search
There are many benefits of patent search which can help you to protect your invention and save your time and money spent on research and development of a technology.
Avoiding infringement
One of the main reasons to do the prior art search is to ensure that the invention which is going to be protected is not infringing the existing patents in the market. If you can find similar technologies already present in the market, then you can save yourself by avoiding legal disputes related to infringement.
Patentability criteria
Novelty and non-obviousness are the criteria of patentability, and the prior art search helps you to know if your invention is following such criteria or not.
Saving time and money
After searching for your invention, if you conclude that your invention is not fulfilling the criteria, then you can save your time and money by working more on that idea.
To improve quality
A proper search for your invention can increase the quality of your patent application. When you search for existing patents, you can modify your idea and draft your patent application in more detail which can improve the quality of your invention.
Business strategies
prior art search helps you to know about the value of your patented product or process. By checking the existing patents, you can know about your competitors and can make strategies to compete in the market.
Licensing Opportunities
It helps to know about the other competitors who are working in this same field, and it can help you to find license opportunities for your invention.
Ensuring Compliance with Patent Laws
It helps you to adhere to the latest patent laws and rules. Understanding the laws related to patents will help you shape your invention in a way that should not be contrary to existing laws.
Why an invention should be patented rather than kept secret?
Conclusion
Conducting a prior art search before filing the patent application is the main step in the process of applying. It can help you to protect your invention and save you time and money. Spending your time in prior art search will help you to protect your invention.