Our Patent Attorney in Boston can explain how a patentability search attempts to identify all prior art patents and/or published patent applications that may affect the patentability of a proposed invention; in essence the search aims to locate the most relevant references.
While a patent search is not required by the United States Patent & Trademark Office, there are many benefits to be gained by an inventor in having a search performed prior to filing a patent application. The main benefit conferred upon an inventor by a patent search is an assessment of the potential success a patent application may encounter, before the inventor invests large amounts of time, money and diligence, prior to entering the patenting process.
Therefore, by researching the databases and viewing the inventions that have already been patented or attempted to be patented, an inventor limits the risk of submitting an application for an invention that has been previously disclosed by another individual.