If you have ever filed for a patent before, you might have come across a term called prior art. Filing or applying for a patent can be a confusing task by itself. These terms make it even more disturbing. How many of us can say what a prior art search of a patent is? So in this article, we will discuss prior art and how a provisional patent application search is significant when filing for a patent.
What Is A Prior Art Search Of A Patent?
Prior art is the pre-existing information of a patent application. As you might know, a patent is a right of exclusivity given to an invention. Therefore, the creation must be new to receive a patent. Prior art helps in this process. To make sure that your discovery is unique, you need to compare it with other similar inventions. It is called a prior art search. You will receive your patent only when your creation passes the research.
As we mentioned before, the prior art is the combination of all the pre-existing information. Therefore, it can be of multiple kinds. The most popular type of prior art is pre-existing patents. These are the easiest to search for and compare a patent application. However, that is not all of what prior art is. Gene structure, molecular structure, purpose, usage, all these falls under the prior art category. And so do non-patented inventions. Now, you may ask, how does it work? Well, it is simple. If there is already a pre-existing product with similarities to your creation, regardless of whether it has a patent or not, your application will eventually get rejected. This process is there to ensure that a patented invention is a truly unique one.
So now, you have some idea about a prior art search of a patent. Now, it is time to get some knowledge on how to get a patent for your invention.
Steps To Obtain A Patent For Your Discovery
You can apply for it personally or can take assistance from any patent search service provider. But it is beneficial if you appoint a patent specialist for this purpose. Below, we are sharing the steps to guide you with this.
Step 1: Conceptualization And Documentation
As an originator, your first duty is to put your invention's concept into papers. It is advisable to write each fact about your creation. You must specify all the information about it like, the idea, working method, usage, merits, demerits, and components. Additionally, provide a drawing of the invention also.
Step 2: Appointing An IP Specialist
Though you can apply for a patent yourself, it is better if you hire an IP expert. They are skillful and have every knowledge to prosecute your application. Furthermore, they can help you in every possible way, from drafting to executing the application. It is always advantageous to obtain a patent through a certified agent.
Step 3: Invention Disclosure
After doing the documentation and appointing an expert, it is time to disclose the invention to them. Never hesitate and tell the expert about the whole concept of your creation, its unique features, and practical usage. After doing that, share the documentation with them. However, keep in mind, before revealing anything; you must sign a non-disclosure contract with the specialist.
Step 4: Patentability Exploration
It is the step where your IP expert researches the preceding evidence from all possible sources. The agent will verify whether the invention is patentable or not. If patentable, then he or she can determine the novelty of it by comparing the existing applications. After that, if everything is appropriate, the specialist will prepare an IP patent search service based on your creation.
Step 5: Drafting The Application
It is the most vital step in the whole method. It demands legal and technical concepts. If the application is drafted inaccurately, all your efforts will go in vain. That is why your IP expert must have enough experience. A skilled expert will sketch your patent application in the broadest way to claim the larger goal. Additionally, a professional will present it skillfully to identify the infringement and protect the invention from others.
Step 6: Decision For Filing The Application
After reviewing the patent application, the IP agent will file it in the patent department. But for this, you need to fill a form and pay the requisite fees.
Step 7: Publication Of The Application
After filling the application, it will take 18 months to publish. But if you want to complete the process within one month from the filing date, you have to pay some fees and request the same. If you do this, you can protect your invention too.
Step 8: Request For Investigation
It is the stage where you can request the patent office to examine your invention's patentability by depositing the required fees. The office will then appoint a patent reviewer to verify the application. The examiner will check the novelty of the invention in this stage.
Step 9: Replying To Objections (If Any)
After investigating, the patent reviewer submits a report. If there are novelty and uniqueness in your discovery, you will get your rights quickly. But if there is some relevance, the patent office might object to the invention, and you have to respond to it by clarifying the objections.
Step 10: Grant Of Patent
After clarification, the patent department will grant your patent. You must submit the granting fees and the patent maintenance fees to the office. After a successful grant, you will receive a patent number and obtain the right to use your invention.
Though the whole process is long and tiresome, the importance of it is impeccable. One must confess, having a patent is helpful as it can save your invention from infringement. But if anyone claims your creation, you can take legal actions against them. So, a patent gem like the Sagacious IP will surely offer you a peaceful life by avoiding all the unnecessary problems. Get in touch today!