Legal Definitions - field of search

The term "field of search" in patent law refers to the specific area of existing technology, prior inventions, or published information that is reviewed to determine if a new invention is truly novel and non-obvious. It defines the boundaries within which an inventor or patent examiner looks for "prior art" – anything publicly known or used before the invention was made. Essentially, it's the scope of information that needs to be examined to assess an invention's patentability.

• Example 1: An Inventor Developing a New Product

  Imagine an inventor who has designed a novel type of ergonomic office chair with a unique lumbar support system. Before filing a patent application, they want to ensure their design is genuinely new and hasn't been patented before. Their field of search would encompass existing patents and publications related to office chairs, ergonomic designs, lumbar support mechanisms, seating technology, and even materials used in furniture construction. By defining this specific range of technologies, they can systematically look for any prior art that might be similar to their invention.

• Example 2: A Patent Examiner Reviewing an Application

  A patent examiner at the patent office receives an application for a new method of purifying water using a specific type of membrane filtration. To evaluate the application, the examiner must conduct a thorough review of existing technology. Their field of search would include patents and scientific literature on water purification systems, various membrane technologies, filtration processes, and chemical engineering methods related to separation. The examiner must meticulously review this defined technological area to determine if the proposed purification method is genuinely novel and not already disclosed in the prior art.

• Example 3: A Company Researching a New Software Feature

  A software company plans to develop a new artificial intelligence feature for its customer service platform that can predict customer needs before they even type a query. Before investing heavily in development, the company's legal and R&D teams would define a field of search. This would include existing patents and academic papers on predictive AI, natural language processing, customer relationship management (CRM) software, machine learning algorithms, and user interface design in customer service applications. By clearly outlining this field, they can identify existing solutions, avoid potential patent infringement, and ensure their new feature offers a unique and patentable improvement.