Should I consider a Patent search? What if I have an existing invention or a near-complete invention?

QuestionsCategory: PatentsShould I consider a Patent search? What if I have an existing invention or a near-complete invention?
Admin asked 3 weeks ago
1 Answers
PA Legal Staff answered 3 weeks ago

The novelty search is best conducted prior to advancing in research, but may also help clients who have a patentable innovation in hand. Existing prior art and publications are searched and it can be determined if the innovation should be prosecuted. To conduct a novelty search, the client must clearly describe the elements of the invention. The comprehensive search looks into both individual elements and elements in concert in the prior art and publications. This also allows the inventor to decide what claims to focus upon if they decide to apply for a patent.
Validity searches occur when a patent is under threat by infringement or opposition claims. The goal in this is to counter any claims made by the opponent to the validity of the patent or potential patent. A validity opinion is also advised to be part of the due diligence before acquiring or licensing any patent in order to stave off potential infringement claims in the future.

Language »