Nowadays, as technology and innovation rapidly evolve, patent availability search and registration have become a crucial process for inventors and businesses alike. This proactive measure allows individuals to assess the landscape of existing patents.
So, people can determine the feasibility of patenting their own inventions without worrying about disputes or infringements. To learn more about this matter, read How to Avoid Patent Infringement.
Risks of Doing Patent Availability Search
As mentioned above, conducting thorough availability research is often considered a crucial step in patenting an invention. However, inventors should be aware of several risks associated with this process before proceeding:
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Wasting Time
One of the primary concerns raised by some experts is the possibility of wasting time when conducting patent availability research.
In rapidly evolving industries such as software and high-tech, product features can change swiftly, rendering patents outdated when granted.
This concern is exacerbated by the sheer volume of patent filings in these areas, leading to a potential “thicket” of overlapping rights.
Critics argue that the time and effort spent on searching for patents may not be worthwhile, especially if the product landscape evolves rapidly.
Another argument against the searches of patent availability is the belief that no matter how thorough the search is, it’s impossible to uncover every relevant patent.
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Giving Away Your Idea
A common fear among inventors is the possibility of inadvertently disclosing their ideas during the patent availability research process.
Since patent documents are publicly accessible, there’s a concern that conducting a search could expose the inventor’s concept to competitors.
This fear is particularly pronounced in industries where innovation is fiercely competitive and maintaining secrecy is paramount.
Some people believe that by searching for patents, inventors may inadvertently reveal their ideas and lose their competitive advantage.
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Legal Complexity
Navigating the legal complexities associated with a patent availability search can be daunting for inventors, especially those without legal expertise. That’s why a Patent Search Service by a renowned firm like Am Badar & Am Badar is needed. If you barely know about this firm, make contact or explore the insights and services for further information.
However, if you are not using a professional legal service, the duty to disclose rule, which requires patent applicants to submit all relevant prior art references to the patent office, may add an additional layer of complexity.
Failure to comply with this obligation, known as inequitable conduct, can result in the invalidation of a patent and even disbarment of legal counsel.
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Disclosure Risks
Another risk associated with the searches of patent availability is the potential for inadvertently exposing oneself to allegations of inequitable conduct during patent prosecution.
If an inventor conducts a search and fails to disclose relevant prior art during the patent application process, suspicions of intentional concealment could arise.
Conversely, if an inventor chooses not to conduct a search at all, they may argue that they were unaware of any relevant prior art, thus avoiding accusations of inequitable conduct.
However, this strategy requires inventors to forgo valuable insights into the state of the art, potentially weakening their patent applications.
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Cost Considerations
Also, conducting a comprehensive patent availability search can incur significant costs, especially if professional searchers or patent attorneys are involved.
Investing in a search may seem prohibitive for small inventors and startups with limited financial resources.
In some cases, the costs associated with patent searching may outweigh the potential benefits, particularly if the invention is unlikely to succeed commercially.
Benefits of Doing Patent Availability Search
Even though several risks should be noted, this research brings many benefits to protecting intellectual assets effectively.
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Size Down on Expensive Investment Choices
First, conducting thorough research allows inventors to avoid costly mistakes by ensuring that their inventions meet the criteria for patentability.
By investing time and resources into a comprehensive search, inventors can mitigate the risk of pouring funds into patent applications for ideas that may not qualify for protection.
This proactive approach helps in allocating resources wisely and avoiding unnecessary expenses in the long run.
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Value The Patent Application
Understanding the landscape of existing patents through an availability search also enables inventors to enhance the value of their patent applications.
So, inventors can tailor their patent applications to highlight the unique aspects of their inventions effectively.
By doing this, you not only strengthen the patent application but also increase its perceived value in the eyes of patent examiners and potential investors.
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Enhance Patentability
By doing a patent availability search, inventors can assess the novelty and non-obviousness of their inventions more accurately.
Identifying existing patents or publications that are similar to the proposed invention helps inventors gauge the patentability of their ideas.
This process enables inventors to refine their inventions to ensure they meet the patentability requirements, ultimately increasing the likelihood of obtaining a granted patent.
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Enhance Patent Quality and Marketability
A thorough availability search also empowers inventors to refine their inventions, leading to higher-quality patents with broader scope and marketability.
By identifying existing patents and analyzing their claims, inventors can craft patent applications that offer comprehensive protection for their inventions.
So, you can strengthen your business or invention’s position in the market while enhancing the patented technology’s attractiveness to potential licensees or buyers.
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Reduce Potential Infringement Risk
While it’s true that comprehensive searches may not capture every related patent, professional searchers can typically uncover around 90% of relevant disclosures.
So, an availability search helps inventors identify potential infringement risks early in the innovation process. Analyzing existing patents and their scope will help inventors design around existing patents to minimize the risk of infringement.
By doing this, you can reduce the likelihood of costly litigation and protect the inventor’s intellectual property rights at the same time.
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Protecting Intellectual Property Rights
Ultimately, conducting patent availability research is all about safeguarding intellectual property rights and maximizing the value of your innovative ideas.
It can help to understand the competitive landscape so businesses or inventors can strategically position their inventions in the market and establish a strong foundation for future growth.
Therefore, this approach not only protects the inventor’s intellectual property but also ensures that their innovations have the best chance of success in the marketplace.
For a comprehensive patent availability search service, consider partnering with us at AM Badar & Am Badar. Aside from the Patent Search Service, you can also explore more services on our page or by contacting us directly.
If you need more useful information and related news about Intellectual Property (IP) issues, explore our insights page. You may also read our comprehensive guide about 5 Websites to Conduct an International Patent Search.
Reviewed by Nabil Argya Yusuf
