When developing new products or processes, most companies focus first on technical feasibility and market potential. However, before bringing an innovation to market, it is equally worthwhile to look at what already exists — the
What does “State of the Art” mean?
The term “state of the art” refers to everything that is already publicly available — through published patents, scientific publications, or other sources. Any technical solution that has been described or otherwise made accessible to the public (even orally) forms part of the state of the art.
Why Conduct a Prior Art Search?
Many companies initially forgo an in-depth search — often due to time pressure or cost concerns. Yet the effort pays off in several important ways.
1. Early Identification of Existing IP Rights
A prior art search reveals whether similar solutions are already patented. This allows potential conflicts with existing IP rights to be identified and avoided at an early stage — reducing the risk of costly warnings or injunctions.
2. Inspiration for New Developments
Search results often provide more than just a list of “obstacles.” They show which solutions already exist — and thus where there is room for improvement or alternative approaches. In this way, a prior art search can itself become a source of inspiration for innovation.
3. Market and Competitor Insights
Patents also reflect market activity. A well-conducted search reveals which competitors are active in a specific technology field, where their focus lies, and how trends are evolving. The search thus becomes a valuable tool for competitive and technology intelligence.
4. A Solid Basis for Decision-Making
Reliable information about the state of the art enables better strategic decisions:
- Is a patent application worthwhile?
- Is the company’s own product sufficiently distinct from known solutions?
- Should cooperation or licensing be considered?
A prior art search provides the factual foundation to answer such questions confidently.
Why Entrust the Search to a Patent Attorney?
Public patent databases are freely accessible — but a professional search goes far beyond that. A patent attorney offers:
- Access to comprehensive professional databases covering global publications,
- The technical expertise to correctly assess the relevance of documents, and
- The legal experience to evaluate the scope of existing patent protection.
Assessing the relevance of identified documents is particularly demanding: not every patent found is automatically an obstacle. What matters are the claim wording, legal status, and scope of protection.
An experienced patent attorney can distinguish between risk and opportunity — and present the results in a way that is easy to understand and directly useful for strategic decision-making.
Conclusion: An Investment in Your Company’s Future
A prior art search is far more than a formal step before filing a patent. It is a strategic instrument that helps to
- avoid risks,
- guide development efficiently, and
- identify market opportunities early on.
Especially for small and medium-sized enterprises, it can make the difference between an expensive misstep and successful innovation.
Our recommendation: Don’t view the search as a cost factor, but as an investment in knowledge and security — and let professionals support you.
We at Canzler & Bergmeier are happy to support you in setting the right course for your innovation strategy and ensuring the best possible protection for your developments.