Importance of State of the Art Research Before Patent Application: A Key Step in Intellectual Property Protection

In today's world, there is a race to create new products and technologies that contribute to social progress and change our way of life. This race involves both individuals (creators) and entrepreneurs operating in various economic sectors, driven by the goal of introducing increasingly improved goods and conveniences for consumers and users, as well as market competition considerations, which directly affect the extent of their development.
Before introducing new products to the market, it is important to ensure their proper legal protection by filing a new solution with the Patent Office. However, to provide them with the best and widest protection, it is important to conduct research into the state of the art - a crucial step that can determine success or failure.

But what exactly is the state of the art? The state of the art is a collection of all existing technical information, including granted patents and protective rights, patent applications and utility models, scientific publications, and press articles that have been made available to the public. Conducting research in this area is essential to determine whether the invention idea is truly innovative and differs from existing solutions to an extent sufficient to obtain independent protection.

So why are state of the art research studies so important for the creator/entrepreneur? Firstly, they help avoid infringement of existing rights, including patents. Submitting an invention concerning a solution/product that already exists can lead to serious legal consequences, including loss of intellectual property rights and the need to pay damages. These studies also help identify areas where the proposed idea may be similar or close to existing solutions, enabling adjustment of patent strategy and investment in solutions that do not seem to conflict, thus avoiding disputes.

Furthermore, state of the art research allows for a better definition of the scope of the submitted invention/utility model and reduces the risk of rejection of protection (patent or protective right). By understanding existing solutions in a given field, one can more effectively formulate patent claims, thereby increasing the chances of obtaining protection.
Finally, state-of-the-art research is a key element in assessing the value of a potential invention. They help assess investment risk and potential benefits, which can be significant for both entrepreneurs and investors.

The conclusion is clear: state of the art research is an indispensable step before filing an invention. It is not only a way to avoid legal conflicts but also a crucial element of intellectual property protection strategy and market success. Therefore, it is worth investing time and resources in professional analysis before submitting your idea as an invention.