2017-12-05
To obtain patent protection, your invention must abide by the patentability norms of novelty, non-obviousness, and functionality. Although most inventions pass the functionality aspect, they fail the novelty and non-obvious conditions.
Inventions have been a driving force in the evolution of mankind since the beginning. While inventions like the telephone and computers are widely known, there are a large number of less popular inventions that go unnoticed. If your invention turns out to be similar to an existing patented or unpatented invention (also called prior art), you may not be able to obtain patent protection. You may also find yourself fighting against allegations of infringement. A patent search can help you to identify similar inventions, evaluate the patentability of your invention and prevent infringement.
While a search done by a patent agent or lawyer in Edmonton is highly recommended, most entrepreneurs and inventors prefer conducting it themselves. Here are some patent search strategies to bear in mind when conducting a prior art search.
Utilise Patent Search Tools
The objective of a patent search is to evaluate whether or not your invention is similar to any prior art. Prior art is any patented and non-patented invention or any publicly available information and knowledge that a person of ordinary skill in the art will possess. A basic understanding and the knowledge of your industry could help you initiate a patent search. Utilise tools like Google Patents and the patent database of the Canadian Intellectual Property Office (CIPO) to conduct a search. These tools can be beneficial in a search but need to be used with proper searching techniques to get the best results.
Use a Combination of Keywords
Whether your invention is a thermos or a software program, there will be certain words used in the title to describe a patented product or prior art. For example, a thermos could be called a beverage insulating container, a hot beverage container, or a beverage insulator, etc. Most inventors stop at a search resulting from a specific keyword. But, that may not reveal every invention similar to yours. Once you have identified words defining the features of your product, identify potential synonyms and utilise a combination of keywords for a broad search.
Search Based on Patent Classification
Patent classifications are a system in which every technology is classified. Each patent or patent application is assigned to one or more classes based on the category to which it relates. Identify one or more classes relevant to your invention to conduct a classification search. Several classification systems exist, like the US classification or the International Patent Classification (IPC). Using IPC codes is recommended as any patent offices assign IPC codes to their applications.
Consult a Patent Agent or Lawyer in Edmonton
Although the strategies mentioned above are useful, they can be tricky to apply. If you are well-acquainted with the law and the patent procedures, then a search may not be that difficult for you to conduct. However, not all inventors have the knowledge and time to conduct an accurate patent search. To identify potential issues of infringement or invalidation, consultation with an experienced patent agent or lawyer in Edmonton is recommended. They deal with patents on a daily basis and can help you evaluate the patentability of your invention.
If you have an invention and want to patent it, connect with our patent agents or lawyers today.
