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ARTICLE · 11 AUGUST 2014

Picking The Winning Idea: Why Patent Searching Matters

In horse racing, for most people, picking a winner relies on a large degree of luck.

United KingdomIntellectual Property
Neil Kilpatrick
Neil Kilpatrick

In horse racing, for most people, picking a winner relies on a large degree of luck. Given the lengthy odds for the horse I picked in the Barker Brettell Grand National Sweepstake, mine seems to have run out.

However, for every casual flutter, there are seasoned betters who carefully and consistently pick winners by studying the form, analysing the conditions and surveying the field. But even then, the sure-fire odds-on favourite can still be beaten at the post.

Likewise, as anybody who has trodden the patenting pathway more than once will tell you, there is no such thing as a guaranteed odds-on winning patent. Battles with the patent offices and unexpected prior art can wreck a promising patent application and ruin its chances of grant. Most patent applicants only rely on patent office searches to locate and critique the publications that form the prior art against their application. Worse still are documents raised late on in the prosecution procedure,

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