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Homework answers / question archive / Written Assignment: Handbook Prior Art The handbook written assignment this week asks you to examine the issue of prior art
Written Assignment:
Handbook Prior Art
The handbook written assignment this week asks you to examine the issue of prior art. This is an important part of the patent process because any patent must be unique in order to receive intellectual property protection. Thus, it is important to do a prior art patent search to make sure that the patent that is being requested is unique and not already covered by someone else’s previous patent.
Prior art searches are also important because they can provide information to the inventor about how others may be approaching the same problem in search of a solution. Therefore, not only conducting a search but knowing how to search is important. In this handbook assignment, you are playing the role of a patent engineer manager providing guidance and instruction to other patent engineers that you supervise about how to research prior art for a perspective patent filing claim. Describe the step by step process that you want them to follow to research prior art claims to ensure that the patent they are seeking protection for is unique and is a patentable item. Additionally, discuss other benefits that can arise from conducting a proper prior art patent search. Your response should be 1,000 to 1,500 words in length. ______________________________________________________________________________________________. Week 5 Written Assignment – Prior Art
Criteria
INTRODUCTION / CONCLUSION
The introduction provides sufficient background on the topic and previews major points. The conclusion is logical, flows from the body of the paper, and reviews the major points.
READABILITY
Paragraph transitions are present and logical, and flow is maintained throughout the paper. Sentences are complete, clear, and concise. Sentence transitions are present and maintain the flow of thought. Rules of grammar, usage, and punctuation are followed. Spelling and word usage are correct. The font type should be professional and readable. There should be font consistency. Formatting should not distract from document content. CONTENT
All key elements of the assignment are covered in a substantive way. Discussions of topics outlined in the project are stated clearly, are supported by specific details (examples or analysis), and are organized logically. The paper links theory to relevant examples of current experience and industry practice and uses the vocabulary of the theory correctly.
RECOMMENDATION
You provide clear direction to your patent engineers about how to research prior art claims. You discuss both the step by step acts they need to follow to do so while also detailing other benefits that can accrue from a properly completed prior art search.
Handbook Prior Art
Introduction
A patent application is an extensive process that inventors should undertake to safeguard their invention. By patenting an invention, individuals acquire exclusive rights to their intellectual property, including products, methods, processes, or computer programs to stop others from using them without their permission. The patent application process involves various processes, among them prior art research (Armstrong, 2018). The prior art search is an essential step that involves reviewing any information in a publication that could be available prior to an invention. The prior art search is important because it helps an inventor differentiate between what is known and new. Prior art search is an essential process for inventors for various reasons, including helping the inventor to determine if they can process a patent application. It informs the inventor about how other inventors could be approaching the same problem in search of a solution. The prior art search also influences inventors' decisions to develop the existing art or design a new one. Besides, prior art involves various steps that provide different information about an invention (Armstrong, 2018). The essay will provide guidelines about how to research prior art for a prospective patent filing claim. It will describe various steps patent engineers should follow to research prior art claims to ensure that the patent they seek protection for is unique and patentable. Additionally, the essay will discuss other benefits that can arise from conducting a proper prior art patent search.
Recommendations
Prior art search is a significant part of the patent application process. It involves reviewing any information, including public documents and technical publications, prior to the effective date of the patent application. Prior art search requires patent engineers to understand the invention and the steps by step process of prior art search. The understanding of an invention before the prior art search is essential for various reasons. They include preventing patent engineers from basing their opinion of an invention on false information. Understanding an invention will also make it easy for patent engineers to understand patent claims. The other reason is to allow them to interpret the claims in light of the specification (Zabala, 2016).
The next step after understanding an invention is to conduct the actual prior art search. The prior art search is a step-by-step process that should be undertaken systematically. The first step is to access a patent database, which could be a national or an international database. Examples of patent databases include WIPO - patentscope.wipo.int/search/en/search.jsfout, which is mainly a database used for researching prior art. The database provides advanced and simple search options that patent engineers can choose. Also, the database provides access to more than 49 million prior art documents. Another database to use would be patft.uspto.gov/netahtml/PTO/search-bool.html that covers U.S patents and patent application. By accessing the site, a patent engineer can perform a semantic or a keyword search to eliminate irrelevant results. Also, a patent engineer can filter results active/expired, date, and filing status. If a relevant prior art document is identified during the search, patent engineers should examine other patent documents that were cited during its prosecution (Zabala, 2016). The examination may provide a number of prior art documents that could be relevant. It is advisable for the patent engineers to download PDFs of the published applications or patents.
The next step is to access a publicly available patent database to search and read the full information about patents. Examples of public patent databases that patent engineers can use include Google patents and the USPTO website. The third step patent engineers should take during the prior art search is to keep track and store search strategy for future reference. Next, they should report the search strategy to their clients as part of a search result to enable them to examine the specific keywords used in the search.
Prior art patent search provides inventors with various benefits. The process provides information about the novelty of an invention that helps to determine if it is unique or not. An inventor can rely on the novelty to decide whether to develop the existing invention or design a new invention around the existing technology (Shaikh, Khode, & Deshpande, 2018).
The prior art search provides information about patent validity. A patent validity means that a particular invention was known or used by others and that it has been patented. Therefore, an investor should avoid applying for a patent for such an invention. Also, avoiding patent applications for a patented invention saves the cost that would result from future hurdles. However, if the search determines that a patent is not granted to a particular invention, an investor gets a chance to be granted a patent application. Additionally, a prior patent search indicates what art is available. An investor gets a chance to investigate the art by studying its related information (Armstrong, 2018). The inventor can benefit from the information of the existing invention by analyzing areas that require development and investing in them.
Conclusion
In conclusion, a prior art search is a crucial step in a patent application. It involves reviewing public documents and technical publications to obtain relevant information prior to the effective date of the patent application. The prior art search is a step-by-step process that requires patent engineers to first understand the invention. The understanding of an invention is essential because it prevents patent engineers from forming opinions of an invention on false information. It also helps them to understand and interpret patent application claims (Armstrong, 2018). After understanding the invention, the patent engineers should access a patent database, where they search for the prior art using keywords. The second step should be to search and read the full information about the identified patents. Next, the patent engineers should keep track and store search strategies for future reference. Lastly, the patent engineers should report the search strategy to their clients as part of the search result. A prior art search is beneficial to inventors because it indicates what art is available, confirms the novelty of an invention, and has patent validity. Therefore, inventors should engage patent engineers in prior art search for effective prior art search and also learn more about its benefits.
