Killer Prior Art: Five Ultimate Ways to Search
A very feasible act while searching for Killer Prior Art is to hire a patent attorney that makes it easier for us to concentrate on our core work. But, sometimes the best option may not be only to hire attorney for searching killer prior art within limited time period. At times, attorneys tend to rely on proxies to gauge the quality of a search. Attorneys focus more on generating good looking and bold-fashioned reports that includes number of entries showing big numbers, which could possibly interpret their efforts in front of their clients. Another aspect to look through this is that there is no way that could determine that their search is qualitatively good while maintaining all sorts of search integrity simultaneously.
Let us learn about the five major ways to uncover the most killer prior art that amalgamates every basic and specific fertile areas to look for.
1. Critical source coverage: The first among all fertile actions is to include the most critical or specific subject oriented sources. All the relevant patent classes and literature must be reviewed, since the chances of finding appropriate prior art in related sections is more as compared to finding them in general databases. Sometimes attorneys look for range of search terminologies in fixed or more general databases, such as semiconductors, software, telecom, etc. Whereas, the search coverage should be customized to reflect the most relevant literature available for each technology. Only a search in most critical sources would locate useful prior art, no matter how much time is devoted to the effort.
2. Search methodology and implementation: Another considerate factor is not to stick to a specific search methodology and its implementation while looking for prior art. Sometimes, due to following a specific methodology, some relevant references are missed. Mostly, the impact of search implementation is even more dramatic when searching foreign patents and literature, since at many times the translations become inaccurate. The searcher is making decisions based on an incomplete and often inaccurate sense of a document’s importance. Therefore, when it comes to searching for prior art which bears the top most relevancy, the search methodology must be flexible on the basis of requirements. The Due Diligence should also include analysis of the search plan to confirm how the search will actually be implemented.
3. International coverage: One must take international sources into consideration while searching for a killer prior art. The decision to cover international sources involves an important bet on where to focus the prior art search due to its expensive cost for covering many international regions. Therefore, while choosing international coverage, the some of the factors must be checked, namely technical leadership in the period before the priority date (to search in those countries that holds maters in those subject areas), impact of First-to-File patent requirements (to know those companies which emphasize more on literature than their technical staff performance), staff training regarding publications (to know sectors where emphasis is given more on product output than on literature), state security regulations (to know information on which patents can be easily extracted), and motivations for filing patents or writing articles (to know whether their domain is in product manufacturing or in product insights).
4. Realistic budget: A realistic budget is a must to count factor that will reflect the efficient coverage and the distinction between a patentability search and an invalidity search. Also, budgets must always be made according to the clients requirements and must always be stated truly, so that client can have the correct insight of about how much he/she could invest and whether it is feasible according to them or not.
5. Relevant subject expert: It is essential that the searcher have in-depth knowledge of the subject matter, technical competence, solid academic, and industry credentials. The subject expert must be capable enough to flag important sources using narrow key word strings to limit the number of findings to only relevant references. This will ensure consistent prior art search in a valid domain.
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