Prior Art Searching: The Importance of Due Diligence in R&D Processes

Spending time and money on searching existing publications and patent registers, can avoid costly mistakes when acquiring or licensing technology from a third party. The same applies before undertaking a significant R&D program or an extensive patent filing strategy.

If the technology in question is anticipated by these earlier publications, then the value of the transaction or the merit of the R&D program or patent filings may be critically reduced.

Obtaining patents

Valid patents can only be obtained for subject matter which is industrially useful, novel and involves an inventive step. This later criteria can be defined as a non-obvious improvement which provides an advantage over known (published or used) technology.

Currently New Zealand has a "local novelty" standard which means that the novelty of an invention is determined by...