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Patents provide a vast resource of technical information which can be searched for a variety of reasons. Examples include checking that a new product does not infringe an earlier patent, determining whether an invention is new and patentable, and watching developments in a particular class of technology or a competitor's activities. It is now also possible to search the Internet for other publications and products, but we do not provide any exhaustive Internet searching services.

 

Before launching a new product in Australia it is prudent to ensure it will not infringe an earlier patent. An infringement search is perhaps the most difficult type of search to conduct. The methodology associated with infringement searching is fundamentally different from other searches, as the focus of the search is primarily on the claims. Infringement searches cannot be conducted online.

 

The costs associated with infringement searches vary considerably. We therefore prefer to provide estimates on a case by case basis (without obligation or charge) in advance of searching.

 

In order to be patentable an invention must be new and inventive. The Patent Offices around the world conduct searches, mainly of earlier patents, as part of their examination procedure. If they find relevant earlier documents they cite these against patent applications in order to argue that they should be refused, either on the ground of lack of novelty or that of obviousness. An earlier patentability search can anticipate examination and provide a good indication of the likelihood of a patent application being successful.

 

It is sometimes useful to determine the direction of development of a particular technology, or to know which competitors are most actively filing patent applications in a chosen technical field. These searches are now able to be conducted on-line at reasonable cost, and the results can be reported periodically.

 

It is possible to search patent collections, at the following sites:

Some industries are governed by a small number of dominant organisations. In such industries it can be particularly important to watch the patent filings and the progress of the applications of particular competitors in order to compete effectively with them. This type of watch can be conducted routinely and reported on a regular basis.

It is also possible to conduct "family" searches to determine whether a patent or application has equivalents, divisionals or continuations in other countries.

 

However much time is spent conducting searches it is for a number of reasons impossible to be completely sure that every relevant item has been found. First the databases are sometimes incomplete. In addition, the classification schemes can be difficult to interpret and mistakes are sometimes made in classifying documents and in searching the correct classes. There is also a delay before documents are captured by databases, and of course since patents are not usually published for at least eighteen months, there is a time lag before a completely up-to-date search can be made.

 

FB Rice has an experienced team of searching staff located in our Sydney office. We are equipped to perform patent, trade mark and design searches in Australia.