Is it necessary to conduct prior art searches before filing a patent application?
If possible, it is best to conduct a search before applying for a patent. If the invention has been disclosed elsewhere, then the invention may not be patentable. The search will determine whether patents or publications disclosing the invention exist. As the cost of a search is generally far less than the cost of a patent application, a search is a relatively inexpensive method for an inventor to decide whether to spend a larger amount on a patent application. Searches can take considerable time, however, which some inventors may not have. Moreover, it must be remembered that no search can absolutely determine the pantentability of any invention. Search results are merely a useful guide in deciding whether an invention may be worth patenting.
