Are you about to carry out a prior art search? Don’t rush into this type of search before you’re aware of these few points. Word of an expert! A prior art search involves reviewing all designs disclosed prior to the design that is the subject of the search. This search is recommended to determine the availability and novelty of your design. It helps protect you against potential infringement claims or unfair competition, for example. Before you start a prior art search, here are a few points to consider.
A prior art search is time-consuming
If you have already been through the process, you will know that conducting a prior art search is time-consuming. A new product is eligible for design protection once it is registered with an intellectual property register, and is also protected by copyright from the moment of its creation without any formalities being required, provided that the criterion of originality is met. In fact, some new products are marketed without being registered. To obtain the most comprehensive report possible, simply checking the design registration records is therefore not enough ; you need to diversify your sources. So, in addition, we recommend consulting print publications (magazines, catalogues, brochures, etc.), the internet (particularly social media), museum collections, and so on. However, you will be faced with a vast number of available sources. Where to start? Which sources should you prioritise? How can you avoid getting lost? Plot twist: you will get lost… and that’s part of the research!
Beyond the number of sources, the search process will lead you from one lead to another. Come to think of it, perhaps this brand sells this type of item… or maybe that one?
As you go along, you might not even notice the time passing. The pitfalls to avoid are scrolling endlessly through search engine results and opening too many browser tabs… To be effective, we recommend starting your search with a strategy that targets specific areas of interest. However, it’s also important to follow new leads and adapt your strategy based on your results.
As you can see, conducting a prior art search takes time, and it is not easy to be exhaustive. There will always be an avenue left unexplored, a source left untapped… But with a good grasp of which sources to prioritise and which tools to use, you will maximise your chances of success!
A prior art search requires tools
Like any good adventurer, make sure you’re well equipped before setting off on your exploration. We recommend that you find out in advance which tools will be useful for your research. Today, there are technologies available to the general public that make documentary research easier. Artificial Intelligence, for example, enables visual recognition. Be careful, however, not to upload an image of your design or prototype if it has not yet been disclosed, as this could compromise the confidentiality of your design. There are a few useful tips to keep in mind regarding the use of AI in your prior art searches. We invite you to read the article we have written on the subject: 3 tips on using AI in intellectual property.
Also consider databases that bring together multiple sources at once, such as Paris Musées. This site brings together several collections from Parisian museums. Using a keyword search, you can browse through multiple collections. This is a great way to boost efficiency.
The complexity of a search depends on your design
No two searches are alike. Some searches are more complex than others, and this depends on a number of factors relating to your design. For example: the claimed date, the type of product, the available sources… Clearly, a search is often more complex when the claimed date is old. One factor that is often overlooked is the specific detail that defines the originality of your design. Indeed, if the originality of your design lies in a detail such as a decoration on a pair of glasses’ arms or stitching on the front pocket of a bag, the search will be more difficult. Assessing the complexity of a prior art search before you begin will allow you to tailor your working time and tools accordingly.
Managing sources, tools and time… these are all factors that aren’t always easy to get to grips with. At PAPERZ IP, we are experts in documentary research. For over 15 years, we have been providing tailor-made documentary research strategies. We know which tools to use, which strategies to adopt and which avenues to explore. By calling on our services, you’ll save a significant amount of time in your prior art search and, above all, you’ll maximise your chances of success.
