No -- for at least three reasons.
First, unpublished patent applications can eventually serve as prior art references according to 35 U.S.C. 102(b) once they are published. Patent applications are typically unpublished (and therefore unsearchable by anyone in the public) for 18 months from their date of filing. This means that any moment in time that your patent application is filed, there is always guaranteed to be 18 months worth of patent applications that are unsearchable by anyone, any one which can potentially disclose and therefore invalidate your claimed invention.
Second, any published document, written in any language, located in any country of the world, can potentially serve as a prior art reference. As a matter of practicality, it is impossible for any one search agency to search every document in existence in every corner of the world. Also, different search terms used by the search agency generate different result sets. Thus, even with finely-tuned, highly specific and targeted search terms it is still possible for the result set to miss highly relevant prior art references.
Third, and as already alluded to in a prior post, "a patentee is allowed to be his own lexicographer." This means that a patentee can use non-standard/unusual terms or coined phrases to describe various facets of his or her invention. When unique or non-standard terms are used to describe an invention, these terms are often not picked up in the result set of the search, as the search terms usually consist of standard words and standard descriptive language.
So while a prior art search that returns no damning prior art references can greatly increase your confidence level that no damning prior art exists anywhere in the world, you will never be able to achieve 100% certainty of that.
First, unpublished patent applications can eventually serve as prior art references according to 35 U.S.C. 102(b) once they are published. Patent applications are typically unpublished (and therefore unsearchable by anyone in the public) for 18 months from their date of filing. This means that any moment in time that your patent application is filed, there is always guaranteed to be 18 months worth of patent applications that are unsearchable by anyone, any one which can potentially disclose and therefore invalidate your claimed invention.
Second, any published document, written in any language, located in any country of the world, can potentially serve as a prior art reference. As a matter of practicality, it is impossible for any one search agency to search every document in existence in every corner of the world. Also, different search terms used by the search agency generate different result sets. Thus, even with finely-tuned, highly specific and targeted search terms it is still possible for the result set to miss highly relevant prior art references.
Third, and as already alluded to in a prior post, "a patentee is allowed to be his own lexicographer." This means that a patentee can use non-standard/unusual terms or coined phrases to describe various facets of his or her invention. When unique or non-standard terms are used to describe an invention, these terms are often not picked up in the result set of the search, as the search terms usually consist of standard words and standard descriptive language.
So while a prior art search that returns no damning prior art references can greatly increase your confidence level that no damning prior art exists anywhere in the world, you will never be able to achieve 100% certainty of that.
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