Design Patent Search

What Constitutes Prior Art?

Prior art refers to any evidence that an invention or design is not novel, meaning it has been previously known, described, or available to the public before a patent application is filed. Prior art can take various forms, including:

• A prehistoric sculpture – Even ancient artifacts and sculptures can qualify as prior art if they resemble a claimed design.
• A piece of technology that is centuries old – Any old but existing technology relevant to a design or utility patent can serve as prior art.
• A previously described idea that cannot possibly work – Even if an invention was never functional, its mere description in a credible source can serve as prior art.
• A YouTube Video – Digital content, including YouTube videos, can serve as prior art if they depict a similar design.
• A graphic or an image – A simple illustration or graphic showcasing a design can invalidate a new design patent claim.
• A Product Concept Video – Even if a product concept was never commercialized, its documented existence in a video can qualify as prior art.

Given its relevance to the design in question, anything and everything that publicly discloses an invention or design before the patent application filing date can be considered prior art.

How is a Design Patent Search Conducted?

The answer is simple: You convert the shape into words!

While conducting a design patent search, people often focus on existing design patents, drawings, and utility patent descriptions. However, conventional searches sometimes fail to reveal relevant prior art. That’s when unconventional methods become essential.

Here are 12 effective strategies for conducting design patent searches:

1. Product Review Websites

Product review websites often contain firsthand images and technical details of products. Since these websites feature both newly launched and soon-to-be-released products, they are an excellent resource for prior art.

• Example: Websites like PetaPixel and ISO.500px for camera designs.

2. Product Prototype Search (Crowdfunding Sites)

Crowdfunding platforms showcase innovative product designs, many of which never make it to market. Searching these platforms can reveal relevant prior art.

• Example: Kickstarter, Indiegogo, CircleUp, GoFundMe.

3. Product Designs on Social Media

Designs often originate from sketches or digital illustrations shared on social media.

• Example: Platforms like Pinterest, YouTube, Tumblr.

4. Manufacturer’s Samples

Manufacturers often provide samples of parts or components, which can help in identifying prior art.

• Example: Searching vendor and supplier websites for product components.

5. E-commerce Websites

Online marketplaces display an extensive range of designs, making them useful for prior art searches.

• Example: Amazon, Alibaba, Myntra.

6. Geography-Based or Region-Specific Search

Many innovative designs originate from countries with robust manufacturing industries. Expanding searches to non-native languages and databases can uncover overlooked prior art.

• Example: Searching patent databases in China, Korea, Japan.

7. Product Backtracking

Investigating the developmental history of a product can uncover early sketches or prototype versions that serve as prior art.

8. Google Lens Search

Google Lens allows users to conduct visual searches and identify similar designs across the internet.

9. Locarno Classification System

The Locarno Classification System is an internationally accepted system for categorizing industrial designs, helping refine design patent searches.

• Example: Databases like Hague Express Database, Orbit Intelligence, Designview.

10. Patent Citation Analysis

Analyzing patent citations can help identify fundamental ideas that may serve as prior art for new inventions.

11. Keyword-Based Search

A well-structured Boolean keyword search improves the accuracy of prior art searches. Steps include:

• Extracting key terms from the invention disclosure.
• Identifying synonyms and alternative terminologies.
• Filtering results based on the relevant technology domain.

12. Product Videos on Social Media

Concept videos and prototype demonstrations available on social media can act as prior art.

• Example: Samsung Galaxy Fold Mini concept video showcasing a vertical wraparound screen, which could serve as prior art for future designs.

Conclusion

A comprehensive design patent search requires thinking beyond traditional patent databases. By leveraging unconventional resources such as product review sites, crowdfunding platforms, social media, and manufacturer websites, one can significantly improve the quality of prior art searches. The key to a successful search lies in using multiple strategies to ensure no relevant prior art is overlooked.

By integrating these 12 strategies, patent professionals can conduct robust and effective design patent searches, ensuring that new designs meet the essential patentability requirement: novelty.