A provisional patent search is a type of search conducted on a provisional patent application to determine whether the invention covered by the application is novel, non-obvious, and useful. The purpose of a provisional patent search is to identify any prior art that may be relevant to the invention and to determine whether the invention is likely to be granted a patent. In this article, we will provide an overview of what a provisional patent search is and why it is important.
Overview of Provisional Patent Search
A provisional patent search is typically conducted by a patent professional, such as a patent attorney or agent, and is often an optional step in the patent application process. The search is typically conducted on publicly available databases, such as the United States Patent and Trademark Office (USPTO) database, and is used to identify any prior art that may be relevant to the invention. Prior art refers to any information that has been made publicly available before the date of the invention, and can include patents, publications, and other forms of publicly available information.
The purpose of a provisional patent search is to determine whether the invention is novel and non-obvious. An invention is considered novel if it is not fully disclosed in the prior art. An invention is considered non-obvious if it is not obvious to a person having ordinary skill in the art. If the invention is not novel or non-obvious, it is unlikely to be granted a patent.
Why is a Provisional Patent Search Important?
A provisional patent search is an important step in the patent application process for several reasons:
- Identifies prior art: A provisional patent search can help to identify any prior art that may be relevant to the invention and that may impact the patentability of the invention.
- Determines patentability: A provisional patent search can help to determine whether the invention is likely to be granted a patent, by identifying any prior art that may be relevant to the invention.
- Saves time and money: Conducting a provisional patent search can save time and money by identifying potential issues with the patentability of the invention before a non-provisional patent application is filed.
- Provides a basis for making strategic decisions: A provisional patent search can provide valuable information that can be used to make strategic decisions about the patent application process, such as whether to file a non-provisional patent application, or whether to make changes to the invention to increase the chances of being granted a patent.
In conclusion, a provisional patent search is a type of search conducted on a provisional patent application to determine whether the invention covered by the application is novel, non-obvious, and useful. The purpose of the search is to identify any prior art that may be relevant to the invention and to determine whether the invention is likely to be granted a patent.