Faqs

FAQs:

What is prior art?
Prior art is any evidence that your invention is already known. Prior art does not need to exist physically or be commercially available. Prior art refers to any such technology that would invalidate a patent or limit its scope. An existing product is the most obvious form of prior art. This can lead many inventors to make a common mistake: just because they cannot find a product containing their invention for sale in any shops, they assume that their invention must be novel.
Prior art relies on what sources?
Prior art is any evidence that your invention is already known. Prior art does not need to exist physically or be commercially available. Prior art refers to any such technology that would invalidate a patent or limit its scope. An existing product is the most obvious form of prior art. This can lead many inventors to make a common mistake: just because they cannot find a product containing their invention for sale in any shops, they assume that their invention must be novel.
What is the importance of novelty?
Prior art is any evidence that your invention is already known. Prior art does not need to exist physically or be commercially available. Prior art refers to any such technology that would invalidate a patent or limit its scope. An existing product is the most obvious form of prior art. This can lead many inventors to make a common mistake: just because they cannot find a product containing their invention for sale in any shops, they assume that their invention must be novel.
What are the requirements for obtaining a patent?
Prior art is any evidence that your invention is already known. Prior art does not need to exist physically or be commercially available. Prior art refers to any such technology that would invalidate a patent or limit its scope. An existing product is the most obvious form of prior art. This can lead many inventors to make a common mistake: just because they cannot find a product containing their invention for sale in any shops, they assume that their invention must be novel.
What Do I Need to Provide for a Patent Invalidity Search?
  • A patent number and the specific claims which you need to invalidate (unless the entire claim set is at issue).
  • The target priority date, if different than the priority date listed on the face of the patent.
  • Any known prior art that is not listed on the face of the patent.
When Should You Conduct a Patent Invalidity Search?
  • Upon receiving a patent infringement complaint from a patent owner.
  • Upon receiving a cease & desist notice from a patent owner.
  • Prior to enforcing your own patents to determine invalidity risks.
  • For pre-issuance submissions, post-grant review (PGR) proceedings, and inter partes review proceedings (IPR) under the America Invents Act.
Who needs a State of the Art Patent Search?
There are two situations in which a State of the Art patent search is useful:
  • Entering a new field either through investment or acquisition
  • Determining research direction