Patent Search

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A patent search, or patentability search, is a search of existing patents, published patent applications, and other publicly available documents for inventions that might be considered important “prior art” references when applying for a patent. The objective of the patent search is to make a judgment as to the potential for obtaining patent protection in view of the prior art. That is, whether the invention is new and non-obvious.

Patents are granted only to those inventions that are new and non-obvious. When you file a nonprovisional application, the USPTO will compare the application with what others have done to see if the described invention is new and nonobvious.

It can be beneficial to perform a patent search before filing a nonprovisional application to determine the same thing—is the invention new and non-obvious.

To evaluate whether an invention appears to be new and non-obvious in a patent search, the “prior art” is examined to find similar devices and methods that pre-date the invention. The concept of prior art includes all public disclosures before the filing date of a patent application, including US patents and patent applications, patents and applications from other countries, web pages, advertisements, and any physically created items or previously provided services.

 

 

 

Synonyms:
patentability search
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