A prior art search involves searching patent databases for the most relevant patents and patent applications about the patentability of an invention. Based on the documents identified by this prior art search, it is possible to verify, in the form of a patentability opinion, whether the invention in question is new and involves an inventive step.
If relevant documents are identified, the results of such a search can also help guide the development of the invention to circumvent problematic papers, facilitating the examination process and the granting of a strong patent.
It should also be noted that such a search is, by definition, not exhaustive since:
– there is an 18-month gap between the filing and publication of a patent application
– and even when choosing an ideally suited combination of keywords and classifications, a relevant document may be missed by the search
When a French or European patent application is filed, the European Patent Office (EPO) will search to identify relevant documents.