Prior Art Search

Prior Art is everything that is conducted before filing the application for patent protection, using an oral or written description. In Prior Art Search, two major requirements are there to understand whether the invention is patentable or not, namely; novelty and non-obviousness. Thus, Prior Art Search helps the applicant save time, money, and effort from moving further with drafting if the invention is found to be non-patentable. This search also helps in focusing the specification so the applicant can identify the risk that may come in the future, thus reducing the chance of getting into unwanted lawsuits.

Prior Art Search shows when someone has filed a patent application that was eventually published or issued as a Patent. However, it does not include-

• Publication with least detail

• Trade secret

• Confidential disclosure

Importance of Prior Art Search

1. Drafting a patent claim or specification.

2. Ownership of patent

3. Validity of a patent application 

4. In licensing or out-licensing

5. Market search

6. Avoid litigation 

A thorough prior art search examines any publication, product, or appearance that could demonstrate the applicant's prior disclosure of the invention before filing the application. It is mostly performed by a Patent Attorney/ Agent or a Patent Searcher as it is a broader concept. 

Types of Prior Art Search

• Advance Keyword Search: This method involves using specific terms or phrases to locate relevant patents. For example, searching "solar panel efficiency improvement" retrieves patents discussing innovations in enhancing solar panel performance.
• Number Search: It allows users to find a patent by its unique application or publication number. For instance, searching in the patent portal will directly bring up the patent associated with that number.
• Legal Status Search: This search reveals whether a patent is active, expired, or in lawsuit. For example, if you want to know the current status of a patent, searching its number might show "Expired due to non-payment of fees."
• Patent Classification: Patents are categorized based on technical fields, such as International Patent Classification (IPC) codes. For example, searching under "H01L 31/042" brings patents related to photovoltaic devices.
• Structure-Based Search: This involves searching for patents using chemical structures or molecular diagrams. For instance, uploading the structure of a specific drug molecule will find patents that include similar chemical compounds 

Steps To Continue the Search

1. Finding the Right Keywords: Identify relevant terms or phrases related to the product or technology, such as synonyms or technical terms. For example, for a "wireless charger," use keywords like "cordless charging" or "inductive charging."

2. Product Searching or Market Search: Look for existing products or technologies in the market to understand the competition. For instance, searching "wireless chargers under 50 rupees" provides insights into available products.

3. Search to Be Conducted on Patent Database: Use platforms like USPTO, WIPO, or Espacenet to find patents related to the product or technology. For example, search for patents with terms like "wireless charging systems."

4. Search to Be Conducted on a Non-Patent Database: Explore research papers, technical journals, or product reviews in databases like Google Scholar or IEEE. For example, look up "latest research on wireless charging efficiency."

5. Save All the Relevant Results and Documents: Download and organize the relevant patents, articles, and market data for future reference. For example, save PDFs of patents and articles into categorized folders.

6. Prepare a Report on the Basis of This Search: Summarize your findings, including key patents, market trends, and research insights. For instance, create a report highlighting innovative features in wireless chargers and gaps in the market for new entrants.

Some of the Important Patent Search Database

1. Google Patents

2. USPTO Search Interface

3. Espacenet Search Interface 

4. WIPO Search Interface

5. Patent Lens