Prior Art Search

Centre for Industrial Design (OPEN DESIGN SCHOOL)

Gujarat Technological University, Ahmedabad

1 Copyright@GTU-GIC 7 April 2019

 CENTRE FOR INDUSTRIAL DESIGN – OPEN DESIGN
Prior Art Search SCHOOL

 A prior art search is undertaken to ascertain whether an

invention is new and non-obvious or not.

 The term “prior art” does not refer to art such as painting
or sculptures.

 The word “art” is used as in the phrase “state of the art”

referring to cutting age technology.

 Thus the term “prior art” refers to all that is already

public knowledge in the area of science & technology.

2 Copyright@GTU-GIC 7 April 2019

 CENTRE FOR INDUSTRIAL DESIGN – OPEN DESIGN
Prior Art Search SCHOOL
Sources of Prior Art
 ANY information in the public domain like:
Video recordings, News Paper & Magazine Articles,
Speeches, Journal Papers, Patents, etc.

 If it is public ANYWHERE in the world, it is prior

art!

 The most common sources include:

Patents
Published Patent Applications
Non-patent literature
3 Copyright@GTU-GIC 7 April 2019
 CENTRE FOR INDUSTRIAL DESIGN – OPEN DESIGN
Prior Art Search SCHOOL
Examples of Prior Art

Patents

Illustrations Books

Prior
Art
Government Trade or
Documents Professional
Journals
Advertising
Catalogs

4 Copyright@GTU-GIC 7 April 2019

 CENTRE FOR INDUSTRIAL DESIGN – OPEN DESIGN
Prior Art Search SCHOOL

Importance / Advantages
 Avoid duplication of efforts of filing patent application for
similar invention

 Become better prepared

 The Inventor can rework

1.On his invention
2. Patent applications

 To facilitate grant of patent

 Also to avoid infringement of existing patents

5 Copyright@GTU-GIC 7 April 2019
 CENTRE FOR INDUSTRIAL DESIGN – OPEN DESIGN
Prior Art Search SCHOOL

Prior Art Search : Benefits

 Helps to distinguish between What is already known
(prior art)

 What is new (invention)

 Can also help an inventor understand the prevailing

state of art in his field of research

 Guides his/her in future scope of research

 Efficient use of resources:Time & Money

6 Copyright@GTU-GIC 7 April 2019
 CENTRE FOR INDUSTRIAL DESIGN – OPEN DESIGN
Prior Art Search SCHOOL

Prior Art Search : Basic Steps

 Four Phases of Prior Art Search

I. Short listing of key words

II. Exhaustive search of databases

III. Extensive internet-based search

IV. Analysis and interpretation of search results

7 Copyright@GTU-GIC 7 April 2019

 CENTRE FOR INDUSTRIAL DESIGN – OPEN DESIGN
Prior Art Search SCHOOL

NOTE: Prior art search can never be

COMPLETE!!! Can never say with 100%
certainty that no prior art exists… Can only try
and do as comprehensive a prior art search as
possible and capture it properly.

8 Copyright@GTU-GIC 7 April 2019

 CENTRE FOR INDUSTRIAL DESIGN – OPEN DESIGN
Prior Art Search SCHOOL

Intellectual Property Rights (IPR)

 IPR confers the right of ownership through several ways
1) Patents

2) Designs

3) Trademarks

4) Copyrights

5) GI
 Patents in focus mainly because of its direct
impact on Industry & Economy
9 Copyright@GTU-GIC 7 April 2019
 CENTRE FOR INDUSTRIAL DESIGN – OPEN DESIGN
Prior Art Search SCHOOL
Important IPR Sites
I. www.wipo.int : World Intellectual Property
Organization

II. www.uspto.gov : US patent & Trademark office

III. www.patent.gov.uk : UK patent office

IV. www.european-patent-office.org : EU patent office

V. www.indianpatents.org.in : Indian patent office

10 Copyright@GTU-GIC 7 April 2019
 CENTRE FOR INDUSTRIAL DESIGN – OPEN DESIGN
Prior Art Search SCHOOL
References
[1] Presentation by Shro Padmin Buch, Managing Director GITCO at Patent AwarenessWorkshops at Gujarat Technological University, Ahmedabad

[2] www.techtransfer.csir.co.za

[3] www.enzi.senate.gov/uploads/StepsToSuccessfulPreliminaryPatentSearching

11 Copyright@GTU-GIC 7 April 2019