Patents

Patent Novelty Searching

Highly qualified and skilled patent attorneys, offering personal and commercially oriented advice regarding patent novelty searches, application, securement and defence.

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What Is A Patent Novelty Search?

A patent novelty search is a process through which an inventor seeks to discover if their idea is new.

What is novelty in patents and why does it matter? Novelty is one of the requirements set by IP Australia and other patent offices around the world when determining what can be patented. It means that an invention must offer a point of difference from existing products or solutions that have already been made public anywhere in the world (this is called the “prior art”). This could be a new combination of features in a product, or a new combination of steps in a process.

That novel point of difference must also be “inventive” in that it would not have been obvious to a person who is skilled in that particular art. Typically when an invention offers benefits or advantages over the prior art, this helps to make strong arguments for inventiveness.

Performing a novelty search is essential to understanding whether you may be able to obtain your own patent and can assist in focusing your patent on those novel features, thereby facilitating improved patent quality. Sometimes patentability searching can also reveal existing patents or patent applications that present a freedom to operate risk, although a patentability search is not a substitute for a freedom to operate search.

By uncovering information on inventions that already exist and are relevant to your invention, you are better able to draft more targeted novel claims for your patent application and are more likely to have success in securing patent protection.
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The Patent Novelty Search Process

A patent novelty search (sometimes also called a “knockout” search) is very close to a patentability search. It is primarily focused on discovering any prior art that is identical to your invention and gives an indication of whether or not the idea is worth pursuing from a patent perspective. You may still want to proceed with the idea from a commercial perspective once you have an understanding of the risks.

Conversely, a patentability search seeks out not only novelty but the inventiveness (non-obviousness) of your invention amongst other criteria (such as patentable subject matter) and compares it to both identical or similar prior art.

As prior art that has been made public anywhere in the world will be relevant to the novelty of your invention, a novelty search can be performed using Espacenet, IP Australia’s or any other patent office’s patent database and internationally via the World Intellectual Property Organization (WIPO) databases.

Searching for prior art via other tools such as Google Patents, journal publications, social media platforms and internet search engines is also recommended.
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Can I Do A Patent Novelty Search Myself?

While a patent novelty search is something you may feel equipped to manage without professional guidance, it is not recommended to do so due to the risks involved.

Performing a comprehensive and genuinely informative novelty search is incredibly difficult to do without skill or experience in this area and could see you miss important prior art.

This has the potential to see you investing time and money into an idea that already exists and therefore won't meet the novelty criteria for patentability.

To avoid these complications and stressors, engaging an expert in this field, a patent attorney, is strongly advised.
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How A Patent Attorney Can Help

As qualified experts in patent and intellectual property law, patent attorneys are ideally positioned to carry out in-depth and reliable patent novelty searches.

Understanding in detail how to properly perform these searches and interpret their findings, a patent attorney is able to clearly advise on the novelty of your invention compared to prior art.

Additionally, where any potential conflicts are identified in the prior art, they can also provide professional advice on how to overcome these or what the best next steps are.

With their support, you can confidently continue with the development of your idea and pursue a patent while understanding the risks associated with this.
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IP Guardian - Expert Patent Attorneys

Offering unmatched expertise and advice backed by more than forty years of combined expertise, the team at IP Guardian are highly skilled in every aspect of patents, including novelty searches.

Our affordable and accessible patent services are designed to support Australian innovators in securing invaluable legal guidance so they can continue to develop and protect their ideas with confidence.

Tailoring our services to meet the needs of both individuals and businesses, we guarantee zero compromises on the quality of representation or outcomes. Whether you’re new to the patent process or need support with an existing application, we’re the team you can trust to support you in achieving success.
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