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Some questions frequently asked for Prior art: What is the process to get a patent? The patent process deviates by nation, but generally consists of a patent application, a review of the application by the nation’s patent office then granting or denial of the patent. While this basic process sounds simple, in reality it is often complex and costly . For example, it could take up to several months to put together a complex patent application and, in the United States, it can take 2-5 yrs for the patent office to grant or dispute a patent. What is Prior Art? Prior art is among the vital roles in patent app. and litigation. Prior art encompasses all information that has been disclosed to the public, in any form, anywhere in the world, regarding an invention before a particular date, generally the filing date of a given patent. Prior art includes not only earlier patents, but also any other published elements, including scientific papers (in patent jargon, any publications unearthed in a previous art research that aren’t patents are called non-patent literature or NPL). If an invention was described in description, a patent on that invention is in-valid. Therefore, these patent products must include relevant prior art and confirm that art does not apply directly to the pending invention. Likewise, someone seeking to prove that a specific patent is invalid, can do so by choosing prior art -- a mention of the invention in every publication -- from before the patent was submitted. Precisely what are the Types of Prior Art Searches? Prior art searches are undertaken for many factors. Here are the main types: Patentability/Novelty: An investigation conducted to determine whether an innovation is novel and also patentable. These searches aim to determine if key elements of an new technology have previously been experienced in any publication. They are generally performed whenever an inventor or company is deciding to apply for a patent and by patent office personnel reviewing patent applications. Validity: A search conducted after a patent has been issued to ascertain whether or not the patent office overlooked present prior art, which may invalidate the patent. These queries are conducted by entities accused of infringing on a patent (if they prove the patent invalid, there is certainly nothing to infringe on) or by businesses with a financial stake in a patent (considering buying or licensing it). Clearance/Freedom to Operate: A search of issued patents to determine if an idea infringes on any existing patents. If it will do, the inventor may make an effort to invalidate those patents, design a work-around and even abandon the Plan. Also, a Clearence and freedom to use search may reveal that an idea is protected by patents in certain nations around the world, but not others, and enable an inventor to act accordingly. State of the Art: An investigation that aims to establish the overall “state of the art” for a selected invention or field, including patents and non-patent literature. Generally, organizations perform these kind of searches to understand the current situation in a particular field and their place in it. They can identify the latest technology, see what competitors are doing and create their plan for moving forward. Patent Landscape: These searches are detailed analyses of most the patents related to a certain aspects of technology. They generally commence with a state of the art search to find the relevant patents and then incorporate further evaluation of the patents included. Patent landscape searches generally include graphical representation of information about the patents. The articles originates from Patent Blog Patent Database and Prior Art Search
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