Video Series
A patent serves as a secure foundation for your innovation. When done correctly, it also represents a significant investment in your business.
From a legal standpoint, a patent prohibits others from infringing upon your invention in the market. However, the patenting process can be quite complex. That’s why we take pride in smoothly guiding you through each step. In this video series, we will outline the entire patent journey. We will clearly explain how we can assist you and provide tips to help you succeed in reaching the patent finish line.
Introduction – The Patent Process1. Before You Initiate a Patent Project
2. Two Criteria for Patentability
3. Is Your Idea Novel and Non-obvious?
4. Discovering the Best Prior Art
5. The Patent Application Process
6. Frequently Asked Questions Before Partnering With Us
Discovering the Most Relevant Prior Art | 7.27
Is your concept already “out there”? What are the best methods to determine if your idea has already been patented, or how it differs from previously patented inventions? In this fourth video, Perez Ip Laws outlines how and where to uncover the most relevant prior art. Prior art refers to any information that indicates your idea is already publicly known.
This encompasses all publicly available information in various formats prior to your patent application submission. Therefore, it's crucial to search databases for relevant prior art related to your idea before you file your application. At this stage, it’s especially beneficial to consult a patent attorney with experience in these searches to ensure comprehensive coverage.
Let’s discuss how to identify the closest prior arts to your invention. Prior art can include products currently in use or descriptions published in various formats. It may also take the form of existing patents, including those from the inception of the patent system, as well as patent application publications issued by the patent office, which can be classified as prior art. The key point is that there are numerous sources to explore for prior art. Initially, you should always start your search on your own.
Perez Ip Laws (00:51):
You should check the places where you would typically search if you were looking to purchase a product. This might involve searching online for similar items or visiting stores like Amazon, where you would expect to find a product like the one you're considering. Let's assume you’ve already scanned the market and found no similar ideas. However, it's important to remember that many patented inventions have never reached the market, and you might be surprised at how many patents exist.
Perez Ip Laws (01:36):
Next comes the patent search. Finding the closest prior art within existing patents can be quite challenging. Even from the earliest patents, you might discover relevant information concerning your invention. While there are online resources available to help locate patents related to your field, sometimes these basic online searches can lead to a false sense of security. They may only reveal a few patents, providing just enough information to make you believe you've identified the closest prior art, while something more relevant might be out there that could complicate your patent application process.
Perez Ip Laws (02:28):
The challenge is that the resources available online aren't designed to help you find the best prior art. Typically, when searching online, you use keywords to guide your search. For instance, if you were looking for a burger joint, you might type in terms like "hamburger" and "restaurant," which would return numerous related websites. However, when it comes to inventions, particularly patented ones, a variety of terminology may be employed to describe ideas similar to yours. For example, if you have a concept for a can opener with a unique handle, searching online patent databases with terms like "can" and "opener" might yield many results. You could peruse this list and mistakenly conclude that nothing matches your invention, leading you to believe you can apply for a patent. Yet, what if someone else has a can opener with a similar handle but calls it something entirely different, like a "container lid remover"? That would not appear in your search results, demonstrating why even seasoned professionals conducting patent searches online often fail to yield effective results.
Perez Ip Laws (04:37):
The most effective approach to searching for prior art involves performing a classification search utilizing the resources directly from the U.S. Patent Office. In a classification search, we don't rely on keywords but instead categorize technology into specific classifications established by the patent office. Consequently, even if another inventor labels their invention differently, it would still fall under the appropriate category at the patent office, making it discoverable through a classification search. Therefore, as you conduct your research, start with likely locations in the marketplace, such as stores and online platforms like Amazon. If you encounter something similar to your idea, you could save considerable time and resources by avoiding an unnecessary patent application. However, if you thoroughly search and find nothing, it’s crucial to have the right type of professional research conducted.
Perez Ip Laws (06:01):
It's essential to conduct a classification search before proceeding with the patent process. Additionally, a thorough search may not only save you the effort of applying for a patent but could also refine your patent application process. You might discover that what you thought made your invention unique has already been done before, allowing you to focus your patent application on the truly distinctive aspects of your idea. This is another key advantage of performing a comprehensive prior art search. In our next video, we will delve into the patent process in detail.
