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Inventors: here's why you should have a patent search done first.

A patent search will put you in a position where you can determine where you stand with your invention before you start spending thousands of dollars.

Knowing if your invention is novel before you file a patent can save you considerable costs in the long run. In other words, conducting a prior art search of patent applications, journals and trade publications will put you in a position to determine what the 'prior art' constitutes - and will paint a much clearer picture for you of where you stand with your invention.

You certainly want to be able to make an informed decision about filing your patent application and avoiding infringing another patent. Also, when your patent application enters the examination stage, a comprehensive search will anticipate possible objections that can be raised by the examiner.

Millions of patents worldwide
You see, there are literally millions of published patent documents in patent office databases all over the world. Conduct a patent search provides you with the benefit of knowing if your invention is completely novel or if there is some close competition to your invention.

Let me explain, when you file a complete patent specification in New Zealand, a patent examiner will examine the specification under the NZ Patent Act and Regulations. A very important requirement is that the claims, which ultimately spell out exactly what you are protecting as yours, are novel. If your claims are not novel the novelty requirement under the Patent Act is not fulfilled.

With a completed search you will know your position and be able to create a more robust patent by knowing what you need to avoid and who your competitors are. With the results of a prior art search in hand, your patent attorney can draft the best application for you, maximising your claim coverage for your invention - and giving you, in simple terms, a more robust patent application!

Also, consider that a prior art search costs far less than actually obtaining a patent. If there are patents that will invalidate your application, the patent examiner will find them. And remember that, anyway, you will probably want to take a little more time to provide an all-round better patent application.

Perhaps you consider any 'prior art' to be well known, and so you're comfortable to risk filing straight away without a patent search.

There are literally millions of patents in patent databases worldwide - and new patents are filed everyday. Are you absolutely sure that there are no patents that could invalidate your application?

Preparation is the key
Consider this: you have a great idea; you want to approach some companies who might license your invention. Preparation is wise - such as a prior art search; to make sure a patent can at least be obtained. The potential licensee will probably want to see your patent application... and there is a distinct possibility that he will want to work around it!

Without knowing what is out there, are you sure that you have locked down the best embodiment of your invention? By being in the position to draft the best application possible you will be able to prevent the likely licensee from circumventing your patent.