Novelty and Non-obviousness are the key factors that determine the patentability of an invention. An invention can get patent grants if it is novel and non-obvious along with the fact it should be useful. The term “Prior-Art Search” is used in connection with the obviousness of an invention. So, what exactly is prior-art? What role does it play in determining the patentability of an invention?
What is Prior Art?
Prior Art refers to the identifying the similar invention or technology to prove that your invention is not unique. It is already being used which means the chances to get your invention patented will plummet until you are able to prove that the invention is new.
Prior-art includes any evidence that proves that your invention is known to public. It is important to note that prior art can take many forms. For instance, an idea published in journal can be prior art although it is not physically present. Besides this, it does not matter in what language the idea is expressed in the magazine. To put it simple, anything that is accessible to public can be referred to as prior art.
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How does prior-art impact your patent?
A prior-art plays a pivotal role in determining whether your invention can be patented or not. The patent rights are granted when the invention is new. During the examination phase, if it is discovered that a prior-art exists, your application will be rejected since the presence of prior-art will make your invention invalidate.
To sail through the examination process, you will have to make amendments to the claims that distinguish your invention and explain how unique your invention is.
Other than that, prior-art has a significant role to play in invalidating a patent after it has been granted. You can challenge the validity of a patent if you are aware that the prior-art in similar domains is already being used.
Why do you need to conduct a prior-art search?
Conducting a prior-art search is optional, however, it is in your best interest to conduct a prior-art search. Prior-Art search will help you identifying the similar inventions/ technology, thereby, providing you an insight into the fact if your invention qualifies for patent. your invention will not qualify to receive patent grants if prior-art exists. This will help save your time and efforts in the later stage of patent prosecution.
Another significant reason for conducting prior-art search is that it speeds up the patent prosecution cycle. By taking into consideration all the prior-art, the applicant can strategically file claims in the patent application, making it enforceable. Additionally, a patent applicant can make more convincing arguments explaining his/her invention is non-obvious and novel.
Why You Should Hire Patent Drafting Catalyst?
PDC offers a comprehensive prior-art search service so you can make a sound decision regarding your invention. Our client -focused and cost-effective approach delivers results that are on par. Our subject matter experts have a deep understanding of different domains, enabling us to find prior-art in no time. PDC’s prior-art search service shields your IP portfolio and enables you to make informed IP decisions.
- Highly Experienced Team – We have a team of experts who are highly experienced in different domains of the industries. Through our team of experts, we maintain high accuracy and ensure quality results. We have dedicated experts for different domains who put their skills to use to deliver results.
- Voluminous search conducted – PDC has conducted voluminous prior-art searches which gives us edge over others. Our team has hands on experience conducting prior-art search across the wider spectrum of IP industry.