Why a Patent Search is indispensable before filing of the Patent Application?

A Patent is an exclusive right granted for an invention, which is a product or process that offers a new way of doing something or offers a new technical solution to a problem. One of the crucial parameters of getting a Patent is Novelty, the invention should be novel across the world. It should not be anticipated by prior publication in any document or used in the country or elsewhere in the world before the date of filing of a Patent application. Once the Patent application is filed in the Patent Office, it is examined by the examiner for finding its novelty and the filed application can be rejected if the examiner finds that it is not Novel.

Therefore, a Patent Search is advisable before filing of the Patent Application in the Patent office, it has many advantages that make it essential, below are some advantages of Patent search:

  • A Patent search helps for scoping out the novelty of the invention, it can show that which feature(s) of the invention is new and not done by others.
  • Alternatively, if the search shows that the said invention is not new or unique, one can save himself of financial losses by not going for filing of the Patent application. It also provides the prospect to amend the invention to be more unique compared to the existing ones, thus, improving the chances of getting a granted Patent.
  • A Patent search also presents information which helps the drafting of the Patent application
  • The existing similar inventions also give you an idea about who are your potential competitors in the market.

Therefore, not conducting a Patent search would most likely lead to spending too much time and money in the Patent application describing the various features of an invention which might not even be patentable, instead of describing the patentable ones.

It is always advisable to appoint professionals for conducting the Patent search. Doing so works to your advantage as the professionals with their skills and expertise, provide you with a better search result as well as more effective advice and guidance regarding the Patent application and Patent filing.

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