What is a prior art search?
A prior art search is an important part of patent law in North Carolina. It is the process of researching existing resources to determine if a patent is novel and un-obvious. A prior art search is conducted by a patent attorney or agent to analyze the current state of the art in the field. This search is conducted to make sure that any invention the patent attorney is considering filing a patent for has not already been invented by someone else. The search includes searching previously issued patents, published patent applications, and other publications such as scientific and technical journals. The purpose of a prior art search is to help an attorney form a patent strategy to ensure that a patent is valid if it is granted. It can also be used to locate prior art that can be used to show that the patent is invalid. A prior art search is an important part of the patent process and should not be overlooked. Prior art searches can be conducted by a patent attorney or patent agent, and can also be conducted online. It is important to remember that prior art searches can’t guarantee that an invention is patentable, but it can identify any prior art that could be used to challenge a patent’s validity.
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