Why do we need a prior art search?


Objective

  • The prime objective of a prior art search is to ascertain published patents/ patent applications and non-patent literature such as research papers, articles, conference presentations which implicitly or explicitly disclose the invention under study. It is always advisable to conduct prior art search/es before commencing drafting and/or filing of an application for a patent.

Outcome

  • Prior art search will lower the risk of encountering relevant prior art(s) at the time of examination of the patent application and also provides an opportunity to the inventor to improve upon relevant prior art(s) at the initial stage.
  • Prevent unnecessary expenditure on patent drafting, filing, and other related activities, if your idea is not novel.

Is it compulsory?

  • No! This is optional for every stakeholder who wishes to file a patent application for his/her idea/concept. However, in view of the aforesaid advantages it is recommended to opt for the same.

Example

  • When you purchase a house, a systematic check to confirm who the genuine owner is done with a specific end goal to avert terrible astonishments. Inquisitively enough, this kind of efficient check is not basic practice in the immaterial world. At the point when an association invest large sum of money in Research and Development (R&D) exercises, it from time to time confirms if the innovation it wants to develop already exists or if it is own by someone else.

Conclusion

  • before you start R&D work you have to perform an alleged prior art search to detect all the similar developments.
  • avoid inventing similar inventions which already exist
  • don’t depend on exemplary sources to get to this data like scientific publications, documentation, contacts with associates, the Internet, and so forth.
  • patents must be considered as a vital resource to detect prior art search.

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