Patent Step 1: Prior Art Search
Prior Art Search: The first step to patenting an invention is prior art or patent search services. A prior art search (patent 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. Importantly, there are over 100 patent and patent application authorities to search, many needing language translation to read. Additionally, scholarly archives and the internet generally must be searched. 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.
Carson Patents can conduct a search for your invention. Contact us to get started. We also recommend you do some searching yourself. Read about how to search for prior art.
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.Carson Patents®
Prior Art Patent Search Services Details
Scope of What is Searched
Prior art search services (patent search services) include: searching the 100+ authorities having patents and patent applications; searching scholarly literature and archives; and searching the internet generally. We search to find all the products and inventions similar and/or related to the invention you want to patent.
A focused search is conducted to research and locate available materials related to the elements of the claims of the invention. A search is done to determine if the invention is disclosed in the existing patents, patent applications, and non patent literature from around the world. Further, a search in other related arts/areas is done to determine if there is a combination of prior art that discloses the invention.
Searching for prior art is done to find out whether the invention (or an obvious precursor) is already known somewhere in the world.
Note: Disclosed means “make known.” In patenting terms, disclosing the invention is describing how to make and use the invention or the combination its elements.
How Much Does a Prior Art Search Cost?
A complete search with patentability study starts at $1200. A complete search includes all searching, as above, for the invention and its uses. A patentability study is a reasoned patentability opinion based on the materials found during the search as to whether or not the invention is patentable.
What is the Result?
The result of the search is two things. First, you will know if your invention is new and not obvious. Copies of all prior art documents are provided. Additionally, a written language translation for prior art is provided if needed. Second, you will know whether our patent attorney believes your invention is patentable, and whether patentable claims can be written for the invention. Additionally, we include two additional consultations (prior art reviews) with you to go over what we find and what it likely means for your invention.
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. Read more about the IDS at the USPTO. Contact us for prior art searching to start the 5 steps to patent for your invention or idea. Utility patents can be complex, so we recommend seeking help from a registered patent practitioner.
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 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 patenting prior art search services starting at – $1200 complete prior art search including patentability study.
Note: Invention disclosures to patent practitioners are covered by client controlled privilege.
Important Tip: When looking for expert patent services help only a patent attorney or patent agent can prosecute patents for you. Be sure to check whether your patent practitioner is licensed by the USPTO. Search for a patent practitioner at the USPTO.