Patent Step 1: Prior Art Search
Patent Step 1: Prior Art Search: The first step to patenting an invention is the prior art or patent search services. A prior art search is research to find all the products and inventions similar to an invention that you want to patent. Prior art from around the world needs to be searched. There are over 100 authorities to conduct patent search services, many needing language translation to read. It is necessary to search as widely as possible, because the better we understand the art and other similar inventions, the better we can represent your invention.
Prior Art Patent Search Services Details
Patent search services are conducted in order to research and find all the products and inventions similar to the invention you want to patent. It is done to determine if the invention is disclosed in the existing patents, patent applications, and non patent literature from around the world. Disclosed means describing how to make and use the invention. The prior art search is done to find out whether the invention (or an obvious precursor) is already known somewhere in the world.
Note: All prior art searches from Carson Patents can include a completed Information Disclosure Statement (IDS). An IDS is a required submission for your patent application. Contact us for prior art searching to start the 5 steps to patent for your invention or idea. Utility patents can be complex we recommend seeking help from a registered practitioner.
Important TIP: Proper searching is essential to good patent specification writing. Specifically, searching guides good claim writing by finding existing similar claims. Further, well written claims improve the protection the patent provides.
What does novelty mean?
Novelty means new. In order for an invention to be patentable it must be new. New, of course, means not existing before. Novelty for an invention comes from patent law 35 U.S.C. §102.
35 U.S.C. 102 Conditions for patentability; novelty.
(a) NOVELTY; PRIOR ART. – A person shall be entitled to a patent unless – (1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention, or (2) the claimed invention was described in a patent issued or in an application for patent published or deemed published, in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.USPTO Manual of Patent Examining Procedure
In other words, novelty means an invention cannot already exist, and it is not described (disclosed) in the prior art. Contact Carson Patents to start the 5 steps to patent with a prior art search and patentability study for your invention.
What does non-obvious mean?
Non-obvious means not obvious. In order for an invention to be patentable, it must be not be obvious. An invention is obvious if a “person having ordinary skill in the art” of making such items could use the prior art to combine existing things and make your device. Prior art can be anything in print or available on the internet in any country or language. Read more about what prior art is. A person having ordinary skill in the art of your invention is the usual person that you would go to for things in that art. Read more about what art means for an invention.
If a person having skill in the art of the art of your invention could use what is available in the prior art to make your invention, the invention is likely obvious. An invention is obvious if there are any number of prior art references that, when combined, would result in essentially your invention. In other words, an invention is non-obvious when it is not disclosed in or obvious from what is disclosed in the prior art.
A patent attorney or patent agent can help with determining whether an invention is obvious over the prior art. A determination whether or not an invention is patentable given what is in the prior art is made during a patentability study. Contact Carson Patents to start the steps to patent with patent search services and a patentability study for your invention.
Patent Search Help Available Online
Online patent help for patent prior art search services starting at – $1200.