January 18, 2016 Admin

The Search

“Success depends upon previous preparation, and without such preparation there is sure to be failure.” ~

For an invention to be patentable it must be novel and non-obvious vis-à-vis everything that is or was out there in the world, otherwise known as prior art.

At Malhotra & Malhotra IP we understand and empathize with clients who arrive with a passion and an unwavering belief in the quality and ingenuity of their ideas.

We not only represent inventor clients but we are inventors ourselves. Kushal invented an innovative golf practice apparatus and methods of use. He did this because he felt a need for a piece of equipment that arose out of a personal pain he felt in practicing golf versus playing it: The result was US Patent No. 7,766,764, Method for practicing golf employing an apparatus which allows a golfer to simulate the angular stances frequently found during play on a course.

Prior to writing the application, he performed a worldwide patent search.

Kiran invented an advanced sound reduction tape (5,793,003) while working as an engineer for an adhesive tape company because he saw a need for the company to provide a better product to the public.

Prior to writing the application, he performed a worldwide patent search.

So you have that eureka moment. You have experienced a personal pain point and found an effective universal solution to the problem and you know that it’s new, it’s innovative and you’re thinking about moving on the idea.


But the patent preparation and prosecution process is long, (and even using boutique patent services such as ours), it can be expensive as well. There are no guarantees that filing an application will result in a granted USPTO patent award.

So doing your homework before applying can save you a lot of heartache down the road.

That’s why it’s important to invest in a preliminary world-wide patent search prior to filing a patent application. Patent searches are typically cheap (as compared to the actual preparation for filing a full-fledged patent). Doing a search provides peace of mind that your invention has never been created by anyone else at any point in time before your idea. More than that, it provides both the patent attorney and the inventor a nuanced understanding of technologies that are most similar the one we would be filing as a patent application. This greatly enhances the quality of the patent application because the description would be set against the competing technologies showing how the present invention is a real improvement compared to prior art.

Sometimes a patent search reveals a technology that is exactly or very close to exactly the same as your idea. While this may be a huge disappointment, isn’t it better to know this now rather than later after you’ve invested so much time and money into the venture.

Sometimes a patent search reveals a similar technology that forces you as an inventor to tweak your invention so as to further distinguish it from prior art. This pushes you to innovate further, to “up your game” so to speak so that you can be better prepared for your final “go-to-market” product/service.

‘Sometimes a little discomfort in the beginning can save a whole lot of pain down the road.’ ~ Wendelin Van Draanen

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