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Why carry out a search?

In a fast changing world, it is crucial that people are aware of what is happening in their area of technology, what their competitors are doing and which companies are moving in to their area of interest.

Lack of information can quickly mean being left behind and potentially becoming squeezed out of already competitive markets.

An efficient search can also help in designing compounds which escape being caught under another company's IP and help in the filing of stronger patent claims.

Patent and literature searching is also valuable when carrying out validity checks on competitors' patents. If you face an infringement issue, a thorough search of IP and literature published prior to the patent being filed can often help towards invalidating a patent claim and consequently remove any threat of legal action against you.

In essence searching can make sure your group/company is:

  • Cost effective
  • Competitive
  • Resource and time efficient
  • More knowledgeable
 

The costs of searching, in particular in the area of IP are often wrongly feared by groups and companies who see searching as a luxury rather than as a necessity, or as something than can be done later rather than sooner.

However, money spent in pursuing a chemical entity can be money wasted if that chemical entity is already covered by another patent. An early “fail” on grounds of Intellectual Property would save a company the expenses of compound syntheses, screening, testing and unnecessary patent filing fees.

Additionally, if your company is using particular products or processes, you could run the risk of infringing a patent which claims those particular products or processes. A thorough search of in-force patents and applications could prevent the possibility of legal action being taken against you as a result of patent infringement.


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