What is a prior art search?

A prior art search is a search, typically conducted by a patent attorney, that is done to determine whether there already exists a patent on an invention or idea. The purpose of the search is to uncover any similar inventions that may prevent a person or company from being granted a patent on their own invention. In South Dakota, as in other states, all inventions must be novel and not previously patented in order for a patent to be granted. A prior art search is conducted by looking for published articles or other materials related to the invention. The search should include any publicly accessible websites, databases, or databases of international patent offices. In addition to published materials, a prior art search may also review existing patent applications as well as granted patents to determine if any of them may be similar to the invention. The primary purpose of the prior art search is to ensure that the invention is novel and not previously patented. This helps protect the inventor’s rights since patenting an invention that is already patented could lead to costly court proceedings or other legal disputes. By conducting a thorough search for prior art, inventors can avoid potential legal issues and protect their rights.

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What is a prior art search?

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