Securing a patent is a huge milestone, and it’s tempting to dive straight into the patent application process once you’ve got an exciting invention on your hands. But before you do, there’s a critical step that can’t be overlooked—a thorough patent search.
Many inventors, especially first-timers, underestimate just how important this step is. A good patent search can save you from costly mistakes, wasted time, and even the dreaded rejection letter.
At Origin IP, we’ve helped plenty of Auckland-based inventors navigate this tricky process, ensuring their hard work is protected. So, let’s break down why a patent search is so important and how we can help.
Why Patent Searches Are So Important
A patent search involves combing through existing patents and published patent applications to figure out if your invention is actually new.
In the patent world, your invention needs to be both novel and non-obvious.
If there’s something similar already out there, your application might not stand a chance. Here’s why this step is critical:
1. Checking if Your Invention is Patentable
The main goal of a patent search is to figure out whether your invention stands a chance of getting patented. If similar patents already exist, it might be time to refine your invention or take a new approach.
By doing a thorough search, we can pinpoint which parts of your invention are truly unique and highlight them when you file your application.
Read: Patents vs Trademarks vs Copyright – What’s the Difference in NZ?
2. Avoiding Costly Infringement Issues
A proper patent search doesn’t just look at expired patents, but also those that are still active. If someone else holds a valid patent for something similar to your invention, you could risk infringing on their rights. That’s the kind of headache no inventor wants to deal with. A good patent search helps you avoid legal battles down the line.
Example: Infringement Risk in New Zealand’s Agricultural Industry
Let’s say you’ve developed a new piece of agricultural equipment that automates certain tasks for dairy farmers, something that could revolutionise milking efficiency. You’re confident this technology is unique and could have huge market potential in New Zealand’s dairy industry. Without conducting a thorough patent search, you proceed to file your patent application, eager to start manufacturing and selling the equipment.
What you don’t realise is that a local company in Canterbury patented a very similar technology a few years earlier. Their patent is still active, and it covers key aspects of the machinery and automation processes used in dairy farming—processes that are almost identical to the core functionality of your invention.
Once you begin marketing your equipment, the company with the earlier patent becomes aware of your product. They issue you a formal warning, claiming your machinery infringes on their patent. This puts you in a difficult situation. If you continue manufacturing, you risk a costly legal battle, and they may even seek damages or an injunction to stop you from selling your equipment altogether. In some cases, you might have to halt your operations, re-engineer the product, or negotiate a licence under unfavourable terms to avoid legal action.
How a Patent Search Could Have Helped
If you had conducted a thorough patent search before filing your application, the search would have identified the Canterbury company’s active patent. This would have given you the opportunity to adjust your product design to steer clear of the protected technology, ensuring your invention was both innovative and free from legal entanglements. Alternatively, if the patented technology was critical to your design, you could have approached the patent owner early on to negotiate a licensing deal, potentially securing favourable terms without the pressure of legal action.
By performing a comprehensive patent search, you could have avoided the costly infringement risk altogether and moved forward with confidence, knowing your innovation was safe from legal disputes in New Zealand’s competitive agricultural sector.
3. Shaping Your Patent Strategy
The results of a patent search aren’t just for checking boxes—they serve as the foundation for your entire patenting strategy. If we discover that certain aspects of your invention are already covered by existing patents, we’ll work with you to focus your application on the parts that stand the best chance of being patented. This might involve highlighting novel features, refining claims, or shifting the emphasis of your application to areas with less prior art. It’s all about making smart, informed decisions early on, so you don’t waste time and money pursuing protection for elements that are already covered.
By narrowing your focus to what’s truly original and patentable, you increase the likelihood of success while also ensuring your patent is robust and enforceable.
4. Reducing Rejection Risks
Filing a patent application is not cheap, and the last thing you want is to have it rejected because of something that could’ve been spotted early. A thorough search reduces the chances of rejection, saving you both time and money. Plus, it puts you in a much better position to get your patent granted without a hitch.
How We Can Help You
Patent searches are a lot more complicated than just a quick Google or database search. Sure, you might be able to do a basic search yourself, but there’s so much that can slip through the cracks.
This is where we come in. With years of experience in patent law, we know where to look and how to interpret the results. Here’s how we help:
1. Deep Knowledge of Patent Systems
We understand the nuts and bolts of the patent systems, not just in New Zealand but globally. Knowing how to search effectively across multiple databases and picking out relevant details is crucial. We’re able to spot things that might seem irrelevant at first glance but could make or break your patent application.
2. Interpreting the Results
It’s one thing to find a patent that looks similar to your invention, but it’s another thing entirely to understand whether it really affects your chances of getting a patent. This is where our expertise comes into play. We can analyse the results, figure out whether your invention is still patentable, and help you tweak your strategy if necessary.
3. Crafting a Strong Application
Once the patent search is done, we help you draft your application to highlight the most novel and unique aspects of your invention. It’s about focusing on what sets you apart from the competition. Strong, well-thought-out claims will increase the likelihood of getting your patent granted.
4. Looking Beyond New Zealand
For many Auckland inventors, securing patent protection in New Zealand is just the first step. You might be thinking about international markets too. We can extend the search to international patent databases, ensuring your invention has the best chance of being protected in global markets. It’s all part of thinking ahead and planning for growth.
5. Long-Term Strategy and Risk Management
Working with us from the start means we can help you develop a long-term intellectual property strategy. Whether it’s planning future patents, managing a portfolio, or spotting potential risks down the road, we’re here to help you stay protected and ahead of the curve.
Case Study: The Auckland Startup That Almost Missed a Big Problem
Let’s take a look at a real-world example that shows just how crucial a patent search can be.
The Background
A tech startup based in Auckland came to us with a great new wearable device. It had some really innovative sensor technology that could track health metrics. They were excited to file their patent and start selling the product as soon as possible. But here’s the thing—they hadn’t done a patent search before filing. They figured that their invention was so unique, there wouldn’t be anything like it out there.
The Problem
After months of development and a sizeable investment, they filed their patent application. But, after all that time and effort, they were hit with a rejection. It turns out that a similar patent had already been granted in Europe a few years earlier, covering almost identical sensor technology. The startup not only had their patent rejected but was also at risk of infringing on the existing European patent if they went ahead with production.
How We Helped
When they came to us, the first thing we did was conduct a comprehensive patent search—something that should’ve been done at the start. The search revealed the full scope of the existing European patent and other similar patents worldwide. With this information in hand, we were able to advise them on how to tweak their product design to avoid infringement. We then helped them draft a new patent application that focused on the novel aspects of their invention that weren’t covered by the existing patents.
We also helped the startup explore licensing agreements and other legal options, ensuring they could still bring their product to market without getting into legal trouble. The lesson here? A thorough patent search, conducted early, could have saved them months of stress and a lot of money.
Key Takeaways
- Skipping a patent search can lead to major headaches and expensive mistakes.
- A thorough search helps you find areas where your invention is still patentable.
- Getting professional help early on can save you from unnecessary risks and costs down the road.
Conclusion
A thorough patent search is absolutely essential when you’re looking to protect your invention. It’s not just about ticking boxes—it’s about making smart, informed decisions that can save you time, money, and a lot of frustration. At Origin IP, we’ve got the expertise to help you through every step of the process, from conducting a comprehensive patent search to filing your application and beyond.
Whether you’re just starting with an idea or refining an existing invention, we’re here to help you protect your hard work and maximise its potential. If you’ve got any questions or need assistance with a patent search, get in touch with us today. Together, we’ll ensure your innovation has the best shot at securing a strong patent and making a lasting impact in the market.
