Design Search
A design search, also known as a design patent search or industrial design search, is conducted to assess the novelty and uniqueness of a specific design before filing a design patent application. The purpose of a design search is to identify prior art designs that may affect the registrability or patentability of the design.
Here are the key aspects and steps involved in a design search:
Understanding the Invention
The first step in a patentability search is to thoroughly understand the invention being considered for patent protection. This involves gathering detailed information about the invention’s features, functionalities, and technical aspects. It’s important to have a clear understanding of the scope and novelty of the invention to conduct an effective search.
Selecting Search Databases
Identify the relevant search databases and sources to conduct the design search. These may include design patent databases, industrial design databases, online design search platforms, and other repositories of design-related information. The selection of databases depends on the jurisdiction where you plan to seek design protection.
Conducting the Search
Use the selected search databases and sources to perform the design search. This involves entering relevant keywords, design descriptions, design elements, or classification codes into the search interface. The objective is to find prior art designs that are similar to or potentially conflicting with the design you wish to protect.
Reviewing and Analyzing Search Results
Review the search results, which typically consist of existing designs found in the databases. Analyze the results to identify any designs that are similar to your design in terms of their visual appearance, overall impression, or specific design elements. Consider factors such as shape, pattern, color, and ornamentation.
Assessing Novelty and Uniqueness
Evaluate the identified prior art designs to determine their relevance and potential impact on the novelty and uniqueness of your design. Compare the search results with your design to identify similarities or potential conflicts. If a prior art design is deemed too similar to your design, it may affect the registrability or patentability of your design.
Reporting and Decision-Making
Prepare a search report summarizing the search process, methodology, and the identified prior art designs. The report provides an overview of the prior art landscape and serves as a basis for making informed decisions regarding the registrability or patentability of your design. It helps you assess the potential risks and opportunities associated with your design.
It’s worth noting that a design search is typically conducted to the best of the searcher’s ability and within the available time and resources. While it provides valuable insights, it does not guarantee the ultimate outcome of a design registration or design patent application. Engaging with a design attorney or a professional design search firm can help ensure a comprehensive and accurate design search, as well as provide guidance on the next steps in the design protection process.