For example, if an applicant files a CIP application, the search must review the claims of the original and new filings for differences in novelty. Patent Families: Searching patent families is essential, as inventions often have multiple filings in different jurisdictions. A thorough search identifies the broader patent family and the relationship between different claims to ensure that no relevant prior art is missed. Impact of Amendments: During prosecution, applicants often amend claims, which can significantly change the scope of the patentability . Searchers must visit previous filings and amendments to assess how the scope of the prior art may change as claims are amended.
14. What Are the Risks of Not Conducting a Patentability Search solomon islands b2b leads Ignoring the patentability search can expose inventors and businesses to significant risks: Unnecessary Costs: file patents that are likely to be rejected, resulting in wasted filing and legal costs. Infringement Risks: Failure to identify existing patents could result in infringement if the product or invention is launched without knowing that it overlaps with prior patents. This could result in costly litigation or forced licensing agreements. Time Delays: Without prior knowledge of the art landscape, inventors may experience unexpected delays in the patent application process as they discover issues related to novelty or inventive step after filing.
Without searching, inventors may unknowingly
-
- Posts: 521
- Joined: Tue Jan 07, 2025 4:52 am