State-of-the-art and infringement clearance searches

State-of-the-art and infringement clearance searches are not mandatory prior to compiling a patent application; however, it is in the interest of the applicant to take such steps to verify that their invention is indeed new. These searches will also allow you to define your invention more clearly by taking the existing state of the art into account. Furthermore, a state-of-the-art and/or infringement clearance search will allow you to identify potential partners or competitors, as well as any paths of research relating to the invention’s technology that have already been explored.

The risks

For a patent to be granted for a claimed invention the invention must be patentable. This means that it must be new, represent an inventive activity and be susceptible to industrial application in the light of the state-of-the-art that exists before the patent application was submitted. If the invention is not new or does not represent an inventive activity, the patent office will reject the patent application and the fees paid will be lost.

Additional security

State-of-the-art and infringement clearance searches generally allow you to identify the main threats to your invention and to define a strategy to maximise your chances of being granted a patent. They enable you to determine whether there are identical or similar patents or existing prior art that may compromise your invention’s patentability. They will also help you define the invention and prepare the patent application more carefully.

Finally, state-of-the-art and infringement clearance searches may also help to determine or define research activities in order to perfect the invention. This may be beneficial, prior or subsequent to submitting the patent application, as it may enable you to optimise protection by means of associated patent applications.

Freedom to operate

A patent does not in itself confer upon its holder the right to exploit their invention. For example, the invention may incorporate technology, or represent an improved version, of an invention that has already been protected as a patent by a third party. A state-of-the-art, if executed correctly, allows you to detect third-party patents that may hinder your invention’s commercial exploitation. In some cases, it may also enable the applicant to modify their invention prior to marketing so that it no longer falls within the scope of patents owned by another party. To do this, a state-of-the-art search should also be supplemented by a freedom-to-operate search.

Would you like more about on Novagraaf’s search services?

Please contact us if you would like to conduct a state-of-the-art art search and wish to outsource that to a patent consultancy specialising in the technical area of your invention. Novagraaf possesses the scientific expertise needed to understand your invention and the intellectual property law background needed to execute a thorough search in order to best represent your interests. You can contact us via the form in the upper right-hand corner of this page.