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Preliminary Patent

To the Preliminary Patent first step is typically to file a patent application. It is recommended to file preliminary patent applications. When done properly it provides you incredible benefit for a reasonable price.

Preliminary Patent Search

Preliminary patent search is a search carried out through easily available search tools such as google patents USPTO, espacenet and national patent office sites by an inventor in order to find out that their invention is already known into the art or to find any uniqueness of the technology. This will give a clue to the inventors that the technology they are interested is already invented, patented or in the marketplace.

In addition to the above benefits, from the preliminary patent search the inventors can witness what all are already patented or invented, so they can improve their technology by analyzing the disadvantages of the already available technology. Such type of knowledge extracted from the search might open up an alternative markets to them which they may not have previously considered in the patent literature. Through the results of preliminary patent search, the inventors can find out the competitors who are working in the same field and development of their technologies so that they can develop their research strategy in a better way. This process of preliminary patent search will form a part of the due diligence of the company.

In cases where the inventors found out that their technology is already patented by a competitor then they can find out the alternative way to use the technology by approaching to the patent holder for licensing or else they can proceed for a in-depth novelty search in order to search of a prior document which can destroy the novelty of the patented invention. If the inventors are satisfied with the search result that there is no disclosure made so far related to the technology they are developing then they can plan to proceed for filing a patent application to claim the first disclosure of such technology.

Preliminary patent search is as important as any other patent related issues in an organization because it may be treated as the foundation stone to begin for a research and development project in a company. However, preliminary patent search by an inventor is just a way to understand the field of the invention and more about existing prior art and it should not be treated as final search. By concluding so, the inventors may fall into the trap of expensive legal fights and infringement cases. As it is known that there is no need to be literal or word by word infringement, it can be direct or inherent. Therefore, it is always suggested to consult and take opinion of a patent agent or an attorney to be sure of the search whether it may infringe or not.

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