How is Prior Art Search for a Patent Performed?
If you are hiring a firm for getting your Prior Art Search for a Patent , you will see that the researchers implement a lot of different processes to extract fruitful outcomes. Similarly, if you intend to do it yourself, you might need to undergo a little complex but still a process full of hassles. When you have an idea about how the Patent Search is carried out by individuals or professionals, you tend to make a better approach towards observing or implementing.
There are lots of data available, and searching through it might create chaos that needs a solution. The professional Prior Art Search firms are implementing easy-to-proceed measures to make this research easy.
In this article, you will know about how the Prior Art Search is performed by professional researchers as well as individuals.
Prior Art Search for a Patent Conducted by Professional Researchers
The researchers have a proper agenda of approaching Prior Art Search for a patent. Therefore, one needs to be aware of the process to know whether the search is inching towards the right path or not.
The process of researching for a patent by professionals include steps as in:
The first step includes prior art search for a patent reviewing. Here, the researchers make sure that the patent goes under review by them for finding the technical power loops. It will also help the researcher to know the key features of this new invention. Along with the perks of a patent invented, the researcher might also go for checking the patent application.
This review is essential to check whether you have submitted a new invention or a previously existing one. Before proceeding with the patent application and process, knowing the key technologies in the invention is quite essential. This review process helps guide the researcher to catch track of the research process.
Choice of Database
The next thing that the professionals do is choose a database for extracting records. There are a plethora of online databases available for this purpose. You can either look for a paid database or a free online database as per your needs.
Some of the common free online patent database resources include Google Patents, Unified Patents Portal, and others. The researchers can go for any one of them or check them all out altogether for conducting your Prior Art Search.
The researchers need to consider the database that stores the most extensive art information that would assist in easy identification of the uniqueness of the invention.
Keep Track of your Search Log
At times, the researchers who do not keep track of their previous searches repeat the process again and again that eating up the time. It is always suggested to the researchers to maintain a record of previous searches. This will act as a log to help you search from a new perspective every time.
All the parameters and results need to be recorded for the better conduct of Prior Art Search. After the search reports, parameters, and results are considered, the evaluation process becomes much more convenient.
After all the search results have been sorted to find the prior art references, the patent claims can be compared to them for further reference. Shortlist the references from your search result to ensure that you compare the patent claims only with the relevant prior art references.
The professional patent lawyers execute this mapping process by using the ‘Claim Chart.’ In the claim chart, the first column consists of the original patent claim insights obtained from the patent. The second column must consist of texts or figures of the Prior Art search patent that resembles the invention.
In the claim chart, there is a special section for each element of the patent information. This separation assists the researchers to identify which element of the patent claim matches the prior art references.
The people who are hiring researchers for their Prior Art Search must know that the claim chart is not mandatory. But it is a better option to offer clarity to your invention and help it get patented without hassle. You can ask your researcher to attach the claim chart along with the submission for further evaluation.
Prior Art Search for a Patent Conducted by Individuals
Individuals can also try and do the research on their own by following the methods stated by the professionals. Conducting a prior art search patent means checking the available database for relevant art references to ensure that there is no such similarity in the two inventions.
The individuals can also implement their prior art search all by themselves by following certain simple processes. You do not need to be a professional to do it, but you need to refer to these processes well to know how to approach them.
Here are the steps or processes that you must follow to do your prior art search all by yourself:
Choose Keywords for Describing your Invention
You need to utilize your brain for keyword combinations that you think will assist you in finding prior art references. This will help you in conducting thorough research. There is a high chance that most industries use unusual keywords. You need to try most of the combinations possible to find all the unusual ones.
Some reasons for which the industries make use of unusual keywords are:
- Common industrial terminology has been changed, and new ones are adapted for which new, unusual keywords are essential.
- Similar concepts of different inventions are highlighted with unusual keywords by the industries.
- Most of the patent submissions are in other languages than English, which is later translated. This translation process makes some of the keywords unusual.
Go Beyond of Searching only Databases
Database searching is truly essential as it helps you get complete information about all the prior art references that have similarities to that of your invention. Prior Art Search is not just about patent applications or patented inventions. You need to search for all the ideas that are on the internet or are publicly open for all.
They are also inventions, and they can trouble your patent submission as well. You can search for some relevant information at Google Scholar, Amazon website, non-patent literature, product pages, and others. Check them all out and do not limit your search only up to the databases.
Save the Results & Documents
After you have done your search, make sure you keep all the documents and results secured. While you submit your patent application, you need to attach all these reference results and documents along with it. This will ensure that the weightage of your application will be high above others.
Moreover, by keeping your documents and results intact, you will complete all the ethical procedures. This will help you report all the prior art references that could have affected your patent evaluations.
Therefore, make sure that you keep a spreadsheet of documents and save a list of results to help the evaluation process of your patent easily.
If you find any of the patents against your invention, then there is no complete fault in it. As there are certain steps that you can take note of from any of the professionals for dealing with such situations. Prior art obstacles are common while searching, and you need to rectify those hassles by using the right overcoming measures.
Realize When to Stop Searching
One tip that you must keep in mind is that you need not search all prior arts. You need to look for the relevant prior arts. It might be difficult to look at all the prior arts in the universe. But, you need to take up all the steps seriously to find the maximum relevant references to strengthen your patent evaluation process.
When you think you have enough of those prior art references and you are not getting any more, stop the search. Prepare your claim chart and save all the results and attach it to your submission. The evaluation process will eventually be faster when you adapt to this remedy.
But, if you think you do not have that sense to realize when to stop, you can hire professional prior art researchers to assist you in the entire process. They take nominal charges and make sure that your patent gets approved without much hassle.
These are a few of the details that you must know about for having a brief knowledge about the process of prior art search for a patent. You can either go for hiring professionals or do it yourself based upon your needs and requirements.
There are many professional researchers who are taking up the complete duty of searching for prior art references and helping you in preparing reports and results for further evaluation. But, as mentioned above, you can also do it all by yourself without much hassle. You just need to be a little more precise with searching databases to not miss out on any of the relevant references that might trouble your patent.