Getting a patent is one of the most necessary things to be accomplished once you have conceptualized an innovative idea. A patent confirms that the idea is original, and also secures that the creator’s idea will not be infringed in any manner. However, before acquiring a patent, the creator has to find out whether the concept has been patented before.

The UK Patent Office conducted a consultation on one of the tests for patentability – which is whether an invention has an ‘Inventive Step’. The test is whether the invention is obvious to a person skilled in the art taking into account what prior art was available at the time when the patent application was filed.

The consultation looked at the wider significance of the ‘Inventive Step’ and whether there was any need for change. It also considered the possibilities of refining the ‘Inventive Step’ test under UK and European law.

Everybody is doing the patent search by his own approach. What is the best way to carryout patent search? Is it key word search or classification code search? People prefer mainly keywords for effective searching. Some people use classification codes also along with keywords for more precise patent search. For a keyword based patent search the selection of keyword is tough task. The patents are techno-legal documents and good patent attorneys draft patents using technical jargons to beguile competitors.

How to conduct an effective patent search?

To conduct an effective search, it is always better to start writing a brief description of what your invention is all about. To begin with, state the problem and solution to overcome it. Your solution might be in the form of novel process, product, device, apparatus, article or mere ornamental design. A comprehensive search strategy will include three main inevitable steps and they are:

(1) General key words search = More hits
(2) Classification codes search = Cannot be determined (depends on the subject matter of invention)
(3) Hybrid search (classification code(s) + keyword(s)) = Relatively less no. of hits (depends on the subject matter of invention)

Patent searching is both an art and a science. Consequently, search capability improves with practice. But optimum practice requires a solid foundation for those who seek to conduct searches accurately and efficiently. Identification of factors for determining when a search is needed and what types and sources of information should be searched in the process is the crucial part.