Meaning
Technical feasibility reviews look for existing evidence of a technology in publications, patents or public use before an application is submitted or a dispute starts. A prior art search functions as the primary method to determine the novelty of an invention and its likelihood of achieving legal protection. During infringement disputes, defendants use these searches to invalidate the claimant’s patent by proving the concept was already known.
This investigation scours global databases, academic journals and trade catalogues to find any match that predates the priority date of the item under review.
Search Scope
Comprehensive investigations must include both domestic Chinese language records and international technical archives. A prior art search often focuses on patent family lineages to find early disclosures in different jurisdictions that create a bar to novelty.
Invalidation Strategy
Successful litigants use specific findings to dismantle the legal standing of broad claims that stifle industry competition. Producing a prior art search that reveals an exact duplicate of the claimed method will lead to an immediate summary cancellation of the patent.
Discovery Cost
Professional search services employ engineers and linguists to find obscure references that internal teams might miss. The investment in a prior art search is typically smaller than the cost of defending a multi year lawsuit in a provincial court.
