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Research on prior art

A search of the prior art provides key data:

  • For the examination of a patent application before granting a patent
  • As part of appeals proceedings against a previously granted patent
  • To assess the risk associated with a specific patent

The basics of patent application
During research on prior art, a search is performed for information that could call into question the novelty or level of inventiveness of an invention at the time that the patent application was submitted.

Who invented it?
If a technology to be patented already belonged to prior art when the patent application was submitted, then this can have a decisive influence on the assessment of the patentability of the invention, even retroactively.

Really new?
When evaluating novelty, a search is performed for documents that describe the patent-pending or already patented technology exactly. For a document to be detrimental to novelty, it must have been made public prior to the relevant patent application. In addition, all patent claims stated in the patent must be described as clearly as possible in the document.

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