Prior Art Search Centre for Industrial Design (OPEN DESIGN SCHOOL) Gujarat Technological University, Ahmedabad Copyright@GTU-GIC 12 November 2018
Prior Art Search CENTRE FOR INDUSTRIAL DESIGN – OPEN DESIGN SCHOOL A prior art search is undertaken to ascertain whether an invention is new and non-obvious or not. The term “prior art” does not refer to art such as painting or sculptures. The word “art” is used as in the phrase “state of the art” referring to cutting age technology. Thus the term “prior art” refers to all that is already public knowledge in the area of science & technology. Copyright@GTU-GIC 12 November 2018
Sources of Prior Art ANY information in the public domain like: Prior Art Search CENTRE FOR INDUSTRIAL DESIGN – OPEN DESIGN SCHOOL Sources of Prior Art ANY information in the public domain like: Video recordings, News Paper & Magazine Articles, Speeches, Journal Papers, Patents, etc. If it is public ANYWHERE in the world, it is prior art! The most common sources include: Patents Published Patent Applications Non-patent literature Copyright@GTU-GIC 12 November 2018
Trade or Professional Journals Prior Art Search CENTRE FOR INDUSTRIAL DESIGN – OPEN DESIGN SCHOOL Examples of Prior Art Prior Art Patents Books Trade or Professional Journals Advertising Catalogs Government Documents Illustrations Copyright@GTU-GIC 12 November 2018
Importance / Advantages Prior Art Search CENTRE FOR INDUSTRIAL DESIGN – OPEN DESIGN SCHOOL Importance / Advantages Avoid duplication of efforts of filing patent application for similar invention Become better prepared The Inventor can rework On his invention Patent applications To facilitate grant of patent Also to avoid infringement of existing patents Copyright@GTU-GIC 12 November 2018
Prior Art Search : Benefits CENTRE FOR INDUSTRIAL DESIGN – OPEN DESIGN SCHOOL Prior Art Search : Benefits Helps to distinguish between What is already known (prior art) What is new (invention) Can also help an inventor understand the prevailing state of art in his field of research Guides his/her in future scope of research Efficient use of resources: Time & Money Copyright@GTU-GIC 12 November 2018
Prior Art Search : Basic Steps CENTRE FOR INDUSTRIAL DESIGN – OPEN DESIGN SCHOOL Prior Art Search : Basic Steps Four Phases of Prior Art Search Short listing of key words Exhaustive search of databases Extensive internet-based search Analysis and interpretation of search results Copyright@GTU-GIC 12 November 2018
Prior Art Search CENTRE FOR INDUSTRIAL DESIGN – OPEN DESIGN SCHOOL NOTE: Prior art search can never be COMPLETE!!! Can never say with 100% certainty that no prior art exists… Can only try and do as comprehensive a prior art search as possible and capture it properly. Copyright@GTU-GIC 12 November 2018
Intellectual Property Rights (IPR) Prior Art Search CENTRE FOR INDUSTRIAL DESIGN – OPEN DESIGN SCHOOL Intellectual Property Rights (IPR) IPR confers the right of ownership through several ways Patents Designs Trademarks Copyrights GI Patents in focus mainly because of its direct impact on Industry & Economy Copyright@GTU-GIC 12 November 2018
Prior Art Search CENTRE FOR INDUSTRIAL DESIGN – OPEN DESIGN SCHOOL Important IPR Sites www.wipo.int : World Intellectual Property Organization www.uspto.gov : US patent & Trademark office www.patent.gov.uk : UK patent office www.european-patent-office.org : EU patent office www.indianpatents.org.in : Indian patent office Copyright@GTU-GIC 12 November 2018
References Prior Art Search Copyright@GTU-GIC 12 November 2018 CENTRE FOR INDUSTRIAL DESIGN – OPEN DESIGN SCHOOL References [1] Presentation by Shro Padmin Buch, Managing Director GITCO at Patent Awareness Workshops at Gujarat Technological University, Ahmedabad [2] www.techtransfer.csir.co.za [3] www.enzi.senate.gov/uploads/StepsToSuccessfulPreliminaryPatentSearching Copyright@GTU-GIC 12 November 2018