Changing Preceptions- Bringing Intellectual Property Services At Your Door Step
Patent Searching/Novelty Search
A novelty search, also known as a patent search or prior art search, is a process conducted to determine whether an invention is novel and non-obvious in the context of patenting. The purpose of a novelty search is to identify existing prior art—information that is publicly available before the filing date of the patent application—and assess whether the invention meets the criteria for patentability.
Key points about a novelty search include:
- Identifying Prior Art: A novelty search involves searching various sources of information, such as patents, patent applications, scientific literature, research papers, and other public resources, to find inventions or information that might be similar to the invention being considered for patenting.
- Assessing Novelty: The search aims to determine whether the invention is new or novel. If the invention has already been disclosed or described in prior art, it may not meet the novelty requirement for obtaining a patent.
- Evaluating Non-Obviousness: In addition to novelty, the search helps assess whether the invention is non-obvious. This means that the invention should not be an obvious extension of existing knowledge to a person skilled in the relevant field.
- Informing Patent Strategy: The results of a novelty search can help inventors and patent applicants make informed decisions about whether to proceed with a patent application. If the search reveals prior art that closely matches the invention, it might indicate that obtaining a patent could be challenging.
- Improving Patent Applications: Conducting a novelty search before filing a patent application can help applicants refine their claims and descriptions to distinguish their invention from existing prior art. This can increase the chances of obtaining a stronger patent.
- Professional Assistance: Novelty searches are often conducted by patent professionals, such as patent attorneys or patent search specialists, who are experienced in searching relevant databases and analyzing search results. They can provide valuable insights into the patent landscape and the potential patentability of an invention.
- Scope of the Search: The scope of the search can vary based on the complexity of the invention, the field of technology, and the specific goals of the search. It may involve keyword searches, classification searches, and more.
It’s important to note that while a novelty search can provide valuable information, it cannot guarantee the success of a patent application or the ultimate determination of patentability. The patent examination process involves further evaluation by a patent office, and the outcome can depend on legal and technical considerations beyond the scope of a novelty search.
If you’re considering patenting an invention, consulting with a patent attorney or patent professional about conducting a novelty search can be highly beneficial. They can help you navigate the complexities of patent law, assess the search results, and guide you through the patent application process.