When searching for information about IPR protection, you may come across terms such as patent and trademark search, but how does one know if it is obligatory or needed, and who conducts these searches?

A patentability search is also known as a prior art, patent or novelty search. It is conducted to find out if the same invention has already been disclosed by someone else, or if a similar invention exists. A patentability search is not obligatory and is conducted when drafting your patent application. Additionally, this type of search can be performed by the patent office upon examination of your application.

A trademark search helps to determine whether the same trademark has already been registered. In most countries, you are not obliged to conduct a trademark search prior to filing; but it should be noted that it is a part of the examination process in many countries.

But how do you know if you should conduct a search? The results of a patent search can help you to decide whether your invention is worth patenting, evaluate your chances of obtaining a patent, and prepare responses to possible Office Actions.

With trademarks the benefits are also considerable: you can avoid accidental infringements, consider your future actions before filing an application, and discover potential competitors who can file oppositions.

For conducting a search, it is recommended that you approach a professional trademark or patent attorney.