Registered designs are a relatively cost effective and underutilised form of IP protection. Registered designs protect the aesthetic or visual features of a product, in […]
Worldwide Patent Novelty Search
Conducting a worldwide patent novelty search of prior art patents is valuable since it provides you with an indication of whether a patent application for your invention will be allowed.
An invention must be (1) new (novel); and (2) inventive in order to be patentable. Although patent law varies from country to country, novelty and inventiveness of patent applications are at least usually assessed against any document published worldwide before the priority date of the patent application. Consequently, no worldwide patent novelty search will ever be exhaustive as it is impossible to, with complete accuracy, search every document ever published worldwide. However, patent novelty searches are useful in indicating the state of the prior art and locating prior art that is likely to be raised during examination.
It is important to note that it is not possible to search any patent application filed less than 18 months ago as patent applications are only published at 18 months after their international priority date. This means that the results of a worldwide patent novelty search will likely miss relevant prior art if conducted within 18 months from when the patent application was first filed.
There are multiple options for worldwide novelty searches including:
- Pre-filing patent searches (i.e. patent searches carried out before a patent application is filed)
- International-type patent searches (based on a filed provisional patent application)
Our patent attorneys and patent searchers can carry out either or both of these types of novelty searches for you to help you de-risk your intellectual property protection efforts.