Use of a patent search engine to identify whether or not the invention is new and subsequently patentable.
There are a variety of patent search tools that can be used to determine whether or not an invention can be protected or if it infringes a patent that is already in existence. A commonly used search method in Australia is a ‘novelty search’, which will provide an indication of whether a patent application will be allowed by IP Australia. A patent attorney can direct IP Australia to conduct this novelty search by carrying out an International Type Search (IPS). The information obtained from this search can be used to identity whether or not the invention is new. As this is the second step in the patent application process, this information can also be used to draft a more focused Patent Cooperation Treaty (PCT) International Patent Application. The patent search stage is a critical component of the patent application process as it may help to determine the validity of the patent application.