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What is prior art and why search prior art
When and where to search prior art
How to search prior art
From whom you can get prior art search service
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Usually when people talk about prior art, they mean those patents which have been registered in patent offices and which are related to their project of interest. Because the patents registered in USPTO, EPO, PCT, and JPO covers more than 90% of patents filed worldwide, a prior art search is usually a search of patents that have been registered in those patent offices.
 
Generally, a patent attorney compares the prior art to a proposed idea/design to determine whether the proposed idea/design is patentable.
 
However, in a wider scope, a prior art also includes any related information in journals, magazines, newspapers, internet (public domain) in addition to the registered patents in patent offices.
 

* USPTO: United States Patent and Trademark Office
* EPO: European Patent Office
* PCT: Patent Cooperation Treaty
* JPO: Japan Patent Office

* US patent example
* PCT patent example
* JPO(Japanese) patent example

 
 

A patent application normally costs tens of thousands of dollars to prepare and file. Thus, it can be extremely worthwhile to spend a few dollars on a prior-art search. This will give you an idea of whether the invention is patentable, before incurring the cost of a patent application.

A preliminary patentability search can also provide an early warning of possible third-party rights that might need to be taken into account. This may save you millions of dollar, in some circumstances.


There are many reasons you need to conduct a prior art search. For example, conducting prior art search can help you to:
 

- Determine whether the proposed idea is patentable.
- Provide prior art search result to your patent attorney to form a Freedom-to-Practice (FTP) or Freedom-To-Market (FTP) opinion before launching a new product/material.
- Assess a validity and/or infringement opinion.
- Understand your competitors activity in your industry
- Direct research and development expenditures.
- Make licensing determinations.
- Others.