Patent Search
The process, also known as "Patent Search," involves thorough exploration of prior art to assess the novelty and potential patentability of a new idea. This comprehensive search includes examining both products and existing patents, and it is imperative to complete both before committing substantial resources to the idea.
A strong emphasis is placed on the importance of conducting these searches early in the development process. Neglecting to do so may result in companies and investors uncovering critical prior art, potentially hindering support or funding.
The advice stresses the need to remain objective during the search, urging individuals not to ignore evidence that may challenge the original idea. The purpose is to uncover all relevant information, even if it may be unfavorable, to make well-informed decisions.
The temporal aspect of prior art is underscored, highlighting that an absence of relevant information during initial searches doesn't guarantee a permanent absence. Regular updates to the search are recommended as the idea evolves, ensuring ongoing awareness of potential challenges and opportunities.
The text concludes by clarifying that no prior art search, including an official Patent Office examination, is considered conclusive proof of novelty in legal terms. This underscores the dynamic nature of intellectual property landscapes, necessitating continuous vigilance and adaptation throughout the idea's development.
Step 1: Finding the Right Keywords
To increase the chances of discovering relevant information, spend time brainstorming keywords or search terms that precisely describe your idea. Commonly used terms may not be helpful, so consider alternative phrases. For instance, searching for 'mousetrap' might yield an overwhelming number of irrelevant results. Instead, using terms like 'rodent trap' or 'trapping mice' could provide more focused outcomes. Be aware that technical terms may enhance your search, even if unfamiliar at first. Preliminary searches may be necessary to identify accurate keywords.
Step 2: Product Searching
Determine what is already available in the market related to your idea:
Identify similar products (prior art) and those addressing the same problem (competing art).
Explore historical and current sources, including offline options like shops, books, and periodicals.
Investigate products in development by searching news sites, industry journals, and academic research.
Engage with experienced individuals, such as retailers and retired professionals, for valuable insights.
Step 3: Patent Searching
For many ideas, patent searching is more critical than product searching:
Locate every relevant patent document for your invention.
Interpret the significance of your patent search findings.
Consider using the European Patent Office's Espacenet, World Intellectual Property Office (WIPO-Patentscope), and Intellectual Property of the Philippines database especially if you are a beginner. However, for complex searches, seeking professional help may be advisable.
Time Frame for Search:
The duration can vary from a few minutes to many days based on keyword accuracy and the volume of prior art. Dedicate the necessary time to ensure a thorough search, with the aim of finding evidence that challenges the uniqueness of your invention. If not finding prior art, reassess your search strategy and keep looking until confident there is nowhere else to explore. Document every search and relevant finding for a well-recorded and essential search process. This documentation is crucial for proving the absence of prior art.