Patents

Patent Search

Highly qualified and skilled patent attorneys, offering personal and commercially oriented advice regarding patent searches, prosecution, renewals and defence.

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What Is A Patent Search?

A patent search is a process through which patent rights pertaining to an existing invention or idea are identified.

Conducting an in-depth patent search before applying for a patent or before manufacturing and marketing your innovation can save you both time and money. It is the best way to avoid the complications of patent infringement or to get a better idea of whether you can successfully attain a patent for your invention.

There are several types of patent searches that can be carried out, including:

- Patentability searching,
- Freedom to Operate searching,
- Name searching,
- Family searching, and
- Invalidity searching.

The objective of each of these kinds of searches is different and results in different searching methodologies. These are described below.

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The Patentability Search Process

In Australia, patentability searches can be conducted using a combination of different resources.

These include the IP Australia Patent Search database, the international patent database – Patentscope, Espacenet, Google Patents, social media, internet search engines, journals and more.

The object of a patentability search is to find ANY disclosure that describes the same invention that you want to patent. The disclosure must be dated before the filing date of the patent application. There is a requirement that an invention must be new and inventive in order to be patentable, so if there is an existing disclosure of the same or similar technology before the filing date of the patent, this may destroy the novelty or inventiveness of the invention .

When searching patent databases, several different search fields can be used such as:

- Keywords describing the invention
- Invention title or name
- Applicant/Company name (company patent search)
- Inventor
- Patent application or patent number such as the  World Intellectual Property Organization (WIPO) or Patent Cooperation Treaty (PCT) number
- Filing date
- Priority date
- Technology (IPC) classes and subclasses

Where these details are unknown, certain keywords or a selection of specific criteria may be used to return relevant results.

These searches are strongly recommended to be performed before making a patent application. IP Australia will perform their own extensive search during the examination process of a standard patent application, as will overseas IP offices.

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The Freedom to Operate (FTO) Search Process

A freedom to operate or FTO search is carried out with a view to finding patents that may be in force in a particular country or region that you are commercialising a product or process in, or are planning to. These are typically complex patent searches as the search must be broad enough to find any patent that could be relevant.

Typically all active patents in a particular technology class are searched first, and then every title is looked at to see if it looks like it may be relevant. The status of each relevant patent is checked to see if the patent is in force in the particular country or region, or if it could still be granted in the future.

If a title looks relevant, and the patent is in force, or could be granted in the future, then the claims must be inspected and tested against the product or process that is being or planned to be commercialised. As you would expect, such searches are time consuming and highly skilled, and are typically quite expensive.

Name searches

The object of a name search is to see if any patents are held by a person of a particular name. This may be useful, for example, where you are worried if your main competitor holds any key patents. As you already know their name, you can use a name search to check if any patents are held.

Such a search can be a cost effective alternative search to a full FTO search. However, you should be aware that this search will not reveal patents held in a different name.

Family searches

Family searches are typically conducted to find out if a patent that exists in one country has been extended to another country. When a patent is filed in a person’s home country, this sets in motion certain deadlines for extending protection to other countries or regions, while claiming priority to the home application. Patents that have been filed in overseas countries that claim priority to an earlier application in another country are called “families” or “equivalent patents”.

This could be useful, for example, where you have seen a patented product in another country and you want to commercialise it in Australia, but you are worried if it has an equivalent in Australia.

Databases exist of patent families, and it is possible to check where patents have been filed around the world.

Invalidity searching

Invalidity searching is carried out with a view to invalidating an existing active patent or patent application. If you can show that an invention was not new or inventive at the earliest filing date of the patent application, then the patent will be invalid. This form of searching can be used to try and knock out patents that present a freedom to operate risk to your products or processes.

Such searching typically involves looking for public disclosures of products or processes having a particular combination of features or steps, and dated from before the priority date of the patent or patent application that you are worried about.

Can I Perform A Patent Search Myself?

Performing a detailed and adequate patent search independent of any professional help is possible, but not advisable.
While performing a patent search may appear relatively straightforward, without a deep understanding of how to best use search terms and navigate databases, or of the objective of the search, you could easily miss an existing patent or public disclosure.

This not only poses concerns regarding infringement on another’s patent rights, but it can also see your patent application rejected with no refund on fees paid.

For these reasons, engaging a qualified and experienced professional in the form of a patent attorney is considered best practice.
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How A Patent Attorney Can Help

As a qualified legal expert in every aspect of intellectual property, a patent attorney is best placed to perform a comprehensive patent search.

Understanding in detail how to search for existing patents or prior art, they are capable of pinpointing any potential issues and guiding you through the next steps.

Able to handle all aspects of patent prosecution, they can also complete and submit a patent application on your behalf and handle any examination reports, third party objections and more.

This facilitates a more successful patent application process while reducing stress and ensuring that your rights are protected and any risk of infringement is reduced or avoided.
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IP Guardian - Skilled Patent Attorneys

At IP Guardian, our team of patent attorneys share decades of combined experience, giving our clients the benefit of unmatched expertise and advice in every aspect of patents.

Whether you wish to only engage us for a patent search or to manage your patent application from start to finish, we welcome your enquiry.

Our patent search and other related services are both affordable and accessible, ensuring you can benefit from valuable legal advice without compromising on the quality of representation or results.

Proud supporters of Australian innovation and passionate about the protection of your IP, we’re the team you can trust to execute a comprehensive patent search.
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Patent Search FAQ's

Why Searching For Existing Patents Matters?

Imagine spending hours, not only on developing an idea you believe to be wholly unique, but also spending time and money on filing a patent to protect your rights to the idea, only to have your application rejected due to an existing patent publication showing the same invention.

Claiming ignorance in these situations will not be considered a viable defence due to the available resources for searching out existing patents.
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How to search for patents?

You can implement a search with AusPat via three different methods, a quick search, a structured search, or an advanced search.

However the Australian Patent Database will only allow you to see technology that was disclosed in Australian patents. It would be preferable to expand your search to look for public disclosures that have been made anywhere in the world.

Need Help Searching?

Searching can be a complex process, and professional searchers have knowledge of complex methodology including structuring complex Boolean search logic. We strongly recommended engaging a patent attorney.

A patent attorney will know exactly where and how to most effectively perform a patent search for the most accurate outcomes.

When To Perform A Patent Search?

The short answer here is 'As soon as possible'. No matter how unique your invention may seem, the reality is the world is a very big place.

Does My Australian Patent Protect Me Overseas?

No, patents are territorial - an Australian patent only has effect in Australia.

Just as there is no global database, there is no ‘worldwide’ patent that is enforceable in every country.

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