As a full-service intellectual property law firm, Peacock Myers, P.C. always practices patent due diligence, which necessitates one or more patent searches to establish the patentability of an idea or invention before proceeding with U.S. and/or international patent prosecution.
In order to secure a U.S. patent, new art must fulfill specific patentability requirements, including:
- Patentable subject matter—it is intellectual property that may be protected by a patent vs. a trademark, copyright or trade secret.
- Novelty—the art is all (absolute) or in part unlike anything “known or used by others”
- Non-obvious—the art is inventive, innovative
- Utility—the art is useful (has “industrial application” per European patent law)
Patent searches may help inventors better understand and/or demonstrate the patentability of their product or process. Patentability may also be substantiated through a patentability opinion written by a Register Patent Attorney or Agent.
Types of Patent Searches
There are a number of searches that may be conducted before beginning the patent application process.
State of the Art searches are broad searches of patents in a specific technical area. By providing a general overview of what has recently been or is being developed in a particular field, this search may be most useful as research into the needs or demands of a market. In other words, it may help prospective inventors and/or process developers know what existing technology they may build on/around.
Patentability searches are more focused, searching all prior art patents to determine whether or not an existing patent applies to a “new” idea or product. Patentability searches usually take place when an individual or company already has art (invention, process, etc.) for which they are seeking intellectual property protection.
Infringement searches are the most involved and complicated. They require breaking down new art into the smallest components (e.g. mechanical or chemical components, discrete steps of a process) and searching for existing patents for any of those components on which the new art may present the risk of infringement.
Patent searches are not required to complete the patent application. However, because patent prosecution may be time- and cost-intensive, patent searches can help inventors and companies determine if pursuing patent protection is a worthwhile investment.
Do You Need a Patent?
Peacock Myers, P.C. is a full-service intellectual property law firm. Our lawyers possess both real-world technical expertise and years of IP law practice experience. Before proceeding with patent prosecution, we will conduct a thorough patent search to ensure your idea’s patentability. We will also help you develop an intellectual property strategy and build a patent portfolio to protect your present and changing IP interests.
Contact Peacock Myers, P.C. in Albuquerque, NM to safeguard the marketability of your novel intellectual property.
Patent due diligence calls for patent searches prior to application prosecution.
Call 877-998-1506 to speak to a Registered Patent Attorney about the patentability of your intellectual property.
New Mexico’s Largest Intellectual Property Firm