State of the art
The prior art search is, alongside the FTO analysis, a frequently performed procedure to assess the patentability of an invention.
As an invention can only be patented if it has not yet been published worldwide, it makes sense to search for information on the state of the art before applying for a patent.
The examination is carried out by searching patent databases and scientific literature. The aim is to obtain as accurate and comprehensive a picture as possible of the state of the art.
Search for relevant publications
Patent offices, such as the German Patent and Trade Mark Office (DPMA) or the European Patent Office (EPO), offer comprehensive online search tools where information on patents and utility models published worldwide can be searched free of charge.
A detailed search can be very time-consuming and the procedure depends heavily on the objective and the defined search strategy.
Companies and inventors can commission specialized service providers or patent attorneys to conduct a prior art search. They have access to non-official, fee-based patent and specialist databases and provide support in evaluating and assessing the search results.
Articles in scientific journals, specialist literature, lectures, conference papers and exhibitions at trade fairs are also relevant for a comprehensive assessment of the state of the art, as is information that the inventor has published themselves.
Adapting the strategy for filing patents
If, when determining the current state of development, it turns out that the invention is already part of the state of the art, this can significantly influence the strategy for the application and also the drafting of the patent application.
A careful preliminary search not only helps to avoid conflicts with existing property rights. It can also help to secure competitive advantages and identify new innovation opportunities.
Regarding Justus Kreuels:
Justus Kreuels advises clients on the strategic development and maintenance of patent portfolios. He assists companies in Germany and Europe with patent grants as well as opposition and patent nullity proceedings.