Is a prior art search or patent ability necessary before filling a Patent?

Question: "Is it necessary to do a patent ability search before I jump into the patent process?"

Andrew’s answer: A patentability or prior art search is not required to file a patent application. However, it is highly recommended for several reasons. First, it allows a patent professional to examine all art that disclose similar features as your invention and may even find one reference that disclose each and every element as your application. If you were to file an application without the prior art search, you will likely receive an office action rejection requiring you to explain how your invention is different than the cited prior art references, which would likely cost more than an initial prior art search. Second, a prior art search is useful to identify how much "art" is within a specific market space and who are the major players. 

Regarding whether to file a utility or design patent application, you should think about what novel aspects you are trying to protect. Is it the function of the invention or the ornamental design? I strongly encourage you to conduct a prior art search before filing your patent application.



For more information on prior art searches, check out this article by Andrew Rapacke of The Rapacke Law Group:
Should I Conduct My Own Prior Art Search?
Schedule a free 15 minute phone consultation by visiting our website at:ARapackeLaw.com

Trademark Opposition and Cancellation Attorney

The Rapacke Law Group is the premier Trademark Opposition and Cancellation firm, our lawyers are prepared to defend your trademark or bring suit to someone who is infringing on your mark. Call for a free 15 minute consultation at 407-801-9368 or visit our website ARapackeLaw.com.

Orlando Patent Attorney - Intellectual Property Lawyer

The Rapacke Law Group main office is located in Orlando, Florida in the Thornton Park area. We pride ourselves on providing passionate intellectual property protection, with fixed fee pricing.

The Rapacke Law Group 
618 East South St
Suite 500
Orlando, FL 32801
(407) 801-9368

Here is our Orlando location on our website: Orlando Patent Attorney

Or check us out on Yelp: Orlando Patent Lawyer

Trade Secret Lawyer - Trade Secret Litigation Attorney

Trade Secret Attorney



Protect your trade secrets, talk with an experienced intellectual property lawyer to see what your options are.  Call for a free 15 minute phone consultation at (407) 801-9368 or visit our website at www.arapackelaw.com

Intellectual Property Articles by Andrew Rapacke

Here are a few of the published intellectual property articles written by attorney Andrew Rapacke:

What You Need to Know About Trademarks - GlobalToyNews.com

A helpful article about trademarks in the toy and game industry

Should I Conduct My Own Prior Art Search? - LinkedIn.com

The do's and don't of conducting your own prior art search before submitting a patent

Don't Toy Around with Your IP - LinkedIn.com

Walks you through different kinds of intellectual property protection and explains how to self audit your company's IP assests

Tallahassee Patent Attorney and Intellectual Property Lawyer

If you are looking for an experienced intellectual property lawyer in Tallahassee Florida, The Rapacke Law Group is a fixed fee attorney specializing in Patent Prosecution, Patent Litigation, Trademark Opposition and all forms of IP law.

The Rapacke Law Group
1572 Capital Circle Northwest
Tallahassee, FL 32303
850.296.2477

Here is our Tallahassee location on our website: Tallahassee Patent Lawyer

Or check us out on Yelp: Tallahassee Patent Attorney

Patent Litigation Attorney - Patent Defense Lawyer

The Rapacke Law Group is a Full Service Intellectual Property Law Firm passionate about providing meaningful patent litigation representation backed with a proven record of successfully handled IP matters and U.S.P.T.O. proceedings. Our firm is prepared to both defend and bring patent cases through the litigation process, from pre-suit investigations through trials and appeals to the Federal court.

For more information please watch the video below, visit our website by clicking here: Patent Litigation Attorney or call us for a free 15 minute phone consultation at 407-801-9368.




Patent Litigation Lawyer

Our Flat Fee Trademark Application Package

Here is a short video about the trademark application process: Trademark Attorney in Orlando

For more details about trademarks and the services that The Rapacke Law Group provides, visit our Trademark Services page or give us a call at (407) 801-9368.