Prior art is any evidence that your invention is already known. Prior art does not need to exist physically or be commercially available.

It is enough that someone, somewhere, sometime previously has described and made something that contains a use of technology that is very similar to your invention.

Prior art can be:

• - An existing product is the most obvious form of prior art.
• - Any publication
• - Any material available to the public
• - Making available and exhibitions of products
• - Non-disclosure agreements
• - Oral disclosures

The searching involves following steps:

1. Review the Patent: Review the patent you are researching and gain a detailed understanding of the technology involved as well as any key features of the invention. You t view the patent's application file on the USPTO's Public Pair website to ensure you do not submit previously considered prior art
2. Choose a database: There are various online databases (both paid and free) that you can use to search for prior art
3. Maintain a Search Log: Keep a search log to record your previous search parameters and results
4. Mapping the Claims: Once you have narrowed your search results compare each of the claims of the patent to the prior art reference.

Patentability search gives you an insight about the chances of obtaining a patent on your idea .The purpose of a patentability search is to determine whether and which of the details of your invention are new. This search is also helpful in determining the scope of patent protection that you might be able to achieve. This brings you in a position to plan your business strategies accordingly on the parts of your invention which can be protected.

Patentability Search also:

1. Reduces risks: Covers the risk of losing money, time and effort spent on drafting and filing the patent application, in cases where the patent application is rejected by the examiner due to presence of a similar concept in another preciously awarded patent
2. Leads to better claims: It enables the patent drafter to emphasize on the advanced technology in a better way so that it clearly distinguishes the invented work from the prior art . it requires deep knowledge about the prior art., so that novel claims would be drafted in a more relevant and precise way.
3. Enhances prosecution speed: It enables the applicant to make the corrections and be careful in areas which are weak sections. It allows claims to be made in such a manner that it prevents the prior art before the examiner's own search. This depends upon the time, budget and skills of the searcher.
4. Preserves right of utility: Doing your research and avoiding any changes to the patent application can help you preserve what's known as the doctrine of equivalents, which is helpful in case of court procedures. This doctrine lets you keep competitors from using similar inventions
5. Satisfies the Duty of Disclosure: According to the U.S. Patent Office, each person filing a patent application has a "duty of candor and good faith," which includes the "duty to disclose" all known information. Failing to do so can result in your patent being cancelled
6. Improves litigation strength: Items uncovered during your novelty search can be submitted to the patent office as references/citations along with your application. This makes it unlikely that your competitors will be able to use those uncovered references against you in challenging your patent

There are 3 major requirements for patentability: -

1. Novelty-your idea or invention must be new and original, never seen or done before
2. Inventive step and non-obviousness- Not an obvious combination of prior innovations or ideas.
3. Industrial applicability- The innovation must be useful (credible and substantial)

The law does not require that you do a patentability search (also known as a patent novelty search) before filing a patent application, however a search becomes very helpful to in defining the right first step in the patent filing process.

The ideal time to conduct a Patentability Search is before preparing the patent application to determine whether the invention is novel and non-obvious.

This search is typically conducted when an inventor is interested in applying for a patent and wants to determine whether a similar or identical invention already exists. The main aspects that are targeted in a patent search is to provide opinions on Novelty/Uniqueness, Inventive Step and Industrial Applicability of the invention.

A Patentability Search is quite different from Non-Infringement search. Non-Infringement Searches are designed to address whether the commercialization of your idea would infringe any patent owned by some other person or organization. Patentability search does not serve the same purpose.

There are a number of patents and applications at the patent offices that have the disclosure of the products and services not yet on the market. So, a patentability search becomes important to know about these silent existing patents which can become a problem when you file your patent.

Many search providers do not provide the analysis of the search results but provide you only documents leaving the analysis on you on the basis of your results. Some firms provide detailed analysis along with the search results. It is recommended to consult a patent attorney for the analysis part.

Even if a patent search provides results that points to a favorable position for the client to proceed with a patent application, non-public prior art may still exist which could prevent you from obtaining a patent. So, the answer is a no. Most U.S. Patent applications are secret or not publicly available for 18 months after the date that the patent application is filed.

Main reasons behind getting a State of the Art Search done are:

• - To identify state-of-art of technology
• - To generate ideas for R&D
• - To reduce significantly R&D investment
• - To develop new technical solutions to problems
• - To evaluate specific technology
• - To update new technological trends

Patent Invalidity Search is done:

• - When a complaint of patent infringement is received from a patent owner
• - When a cease and desist notice is received from a patent owner
• - Prior to enforcing your own patents to regulate invalidity risks
• - To explore the strength of the patent prior to buying
• - When you want to oppose a recently issued patent of a competitor

You need a Patent Invalidity Search:

• - To invalidate patents in infringement cases
• - To prepare for patent enforcement
• - To identify targets for licensing
• - To draft an FTO opinion

A patent is declared invalid when:

• - Claimed subject matter is not novel
• - Claimed subject matter is obvious
• - Claimed subject matter is inadequately described
• - Claims are not enabled
• - Claims do not have the priority
• - Claims do not satisfy the eligibility criteria

Patents such as utility patent, design patent, utility patent, composition patent and even a Standard essential patent can be invalidated using prior art.

Design Patent protects products shape, structure and pattern. A Design Patent is directed towards the visual appearance of the product and not function or technology of the invention.

An industrial design right does not protect the technical or functional features of a product. It only protects the appearance of the product. On the other hand, the functional or technical features of a product can be protected by a patent.

Yes

• - Paid databases: You can use Orbit design and Derwent
• - Free databases: You can use WIPO- Design and Design View etc.

Design Protection guarantees you the exclusive right to use a design, which includes making, offering, putting on the market, importing, exporting or using the product in which your design is incorporated or to which it is applied.

Designs Registration covers external ornamental or aesthetic appearance such as patterns, color, lines, shape or surface of the article.

Under the provisions of Design Act, 2000, any manufactured object is known to be "article". The object can be of any substance irrespective of artificial or natural. The article must be capable of being made and sold separately.