Prior art search is an essential step to ensure that an invention is new and has not been reported or known to the public in any form. An inventor may wish to perform a thorough prior art search before or during the development of his/her idea. A thorough prior art search ensures that amount of time and money being invested in development of the idea is fruitful. However, an absence of prior art at the time of the search may not be a permanent absence. One should update prior art searches periodically during the development of the idea. No prior art search, not even an official Patent Office examination, is regarded in law as conclusive proof of novelty. Hence, prior art search helps an inventor to understand the extent of development already reported falling under the field of the idea.
HOW TO PERFORM A PRIOR ART/PATENT SEARCH?
The constituents of an invention/idea can be searched using several ways. A general search using search engines provides basic information available about the invention in the most recent times. However, a detailed search would require a thorough product search and patent search. The most important part of conducting a prior art search is identifying the keys words defining the invention. These critical key words helps in narrowing down the search.
Product Search
In a product search, one tries to find if a similar product or a product tackling the similar problem is already existing in the market. Obsolete technologies are a part of prior art, hence a thorough search is required. Products in development but not yet in market may also fall under prior art if any information is displayed by respective inventor online or offline. Hence, having a detailed knowledge in the field of invention is necessary
Patent Search
This is thorough search of patent documents in the field of invention/idea. This heavily relies on the key words that are deduced from the description of the invention and hence, several combination of words needs to used for searching. Patent searching involves two skills:
- Finding every patent document that is relevant to the invention; and
- Interpreting the significance of the patent search findings.
Competing art Search
One of the important aspects of prior art search is to look for competing art. Basically, competing art are ideas that are not substantially alike but perform the same job. It is important to study competing art as a patent is nothing but solution to a problem. Therefore, one problem may have more than one solution. Hence, by doing such studies advantages are highlighted and strength of the alternative solutions is measured.
WHEN TO PERFORM A PRIOR ART SEARCH?
A prior art search may be conducted at various time points depending on the criteria for the search such as:
- Before carrying out R&D of interested idea;
- Before filing of a patent application;
- During examination of patent application; and
- Before product launch.
HOW IS PRIOR ART SEARCH USEFUL?
As explained earlier, a thorough prior art search enables an inventor to decide whether his/her invention has already known to the world or it is novel. Another important aspect of prior art, is to have a better understanding of where a specific technology fits within a domain, which is useful when drafting a patent application.