Is it necessary to conduct a patent search? There are numerous ideas for each individual in this world, and we are confident that each one is worth documenting. At the same time, how do we know if they’re all novel and non-obvious? Let’s take a moment to define the terms “novel” and “non-obvious” in this context. To be “novel,” an idea or invention must be one-of-a-kind, whereas it is “non-obvious” when there is no patent literature available to show any prior evidence of the idea or product.
To be commercially viable, an idea must be both novel and genuine. In other words, the invention or product should not be similar to any other idea or product that has previously entered the market. This is where the concept of a patent search comes into play. In layman’s terms, a patent search entails looking for patent documents that contain information about your idea. The data is then used to determine the invention’s novelty and non-obviousness, as well as its patentability. In a nutshell, a patent search accomplishes the following:
- Directs you to patents that may be similar to your invention.
- Assists you in revisiting your invention and making necessary changes to distinguish it from what is already on the market.
- Helps you avoid lawsuits and, as a result, protect your invention so that innovators do not end up hijacking your work and profiting from it.
While the idea of conducting a patent search on your own is appealing because money isn’t an issue, if you have some funds to spare, it’s best to hire a reputable patent professional to do the job. Another option is to utilize a patent search tool!
Patent Search Process
Let us now delve briefly into the steps involved in a patent search.
1. Understand the distinction between a patent search and a prior art search.
It’s critical to understand the distinction between the two before beginning your search because they differ in terms of search scope. A small-scale patent search involves looking for patents that contain information about your idea. A prior art search, on the other hand, entails looking for patents that the public was aware of prior to the filing of a patent application. It is far more extensive and large-scale than a patent search and includes the search for non-patent documents. Finally, prior art searches are essential for determining the patentability of an invention or concept.
2. Come up with relevant keywords
If the tool you’re using supports semantic search, it’s a good idea to brainstorm relevant keywords and use them to start your search for patent documents. Keywords are helpful in determining the direction of your search and directing you to the appropriate data.
3. Find the appropriate classification code by using specific keywords (CPC, IPC, etc.).
Your identified keywords should be used to ascertain the appropriate classification for your invention. Once discovered, the classification codes can be used to conduct a detailed search for patent data that is similar to your idea.
4. Search the database of published patent applications and issued patents.
Browse the depository of published patent applications and issued patents using the classification that best fits your invention. You should keep the following in mind:
If you utilize other tools for a worldwide patent search, you could end up accessing both sets of patents (issued and published) relating to your idea at the same time. If the tool includes advanced filters, it should be even easier to find relevant data in no time.
5. Expand your search to find related patents.
Prior art searches should assist you in locating additional related issued patents and patent applications. You may come across forward and backward citations while browsing through these documents that can act as parameters to help you go further into your search. In a nutshell, prior art and citations help to conduct a more thorough and detailed search.
6. Broaden the scope of your search and look for more information.
What steps could you take to broaden the scope of your search? By investigating patents from other countries as well as non-patent information from major patent authorities. Another strategy for broadening your scope and search is to conduct in-depth research on a patent family, learning more about patents pertaining to your idea.
A Fully Automated Patent Search Tool: XLSCOUT’s Novelty Checker
The Novelty Checker makes patent searches easier for inventors. The tool searches for similar inventions to yours to determine whether a patent is feasible.
A step-by-step guide to conducting an AI-powered patent search with Novelty Checker can be accessed by clicking here.
XLSCOUT put the use of reinforcement learning to its AI-based Novelty Checker (patent searching tool) to get quality patent research reports in just 5 minutes. The Novelty Checker uses reinforcement learning to filter the noise by showing the relevant results on top of the list. To be precise, it assists in conducting patentability search to help you ensure that your innovation is unique. By selecting a few relevant and non-relevant results, users can apply them to the result set. The system takes the user’s feedback and then learns from it. It uses conceptual searching and re-ranks the results by bringing the quality results to the top and sending the noise to the bottom.
Without reinforcement learning, users go through hundreds of results manually. By applying this process, users can skip going through the non-relevant results. Reinforcement can also be applied multiple times to a result set according to users’ different requirements/criteria. Users can then view the Top-10 or Top-20 results for each criterion to perform a prior-art analysis for idea validation. Users can quickly generate an automated novelty report by selecting these Top-10 or 20 results.
Conclusion
As you may have guessed, there are numerous methods for searching for a patent. However, it is also critical to seek the advice of a patent attorney to determine whether your invention is verifiable, as the search process is far from simple. Finally, keep in mind that a patent attorney will not only tell you whether your idea is genuine and patentable, but also guide you through the subsequent application process.
