Patentability Search / Novelty Search
Patentability assessment provides an informed decision on whether the product/ invention/ idea/ concept is novel, and has an inventive step and utility over the existing patents and non-patent literature available in the public domain before going in for filing a patent application. It also provides a GO or NO GO report for filing the provisional specification or directly a complete specification and if so, how broad the independent claims should be, as the patentability analysis provides an effective roadmap for chalking out the independent claims. Patentability Analysis, also referred to as Novelty Search also provides an insight into the state of the art of the technology domain to the inventor in order to improvise the invention to minimize the obvious technical objections to the grant of the patent.
Here are the general steps involved in conducting a patentability search:
- Define the invention: Clearly define the product or process that you want to patent and the relevant features.
- Conduct a prior art search: Use patent databases such as Google Patents, USPTO, EPO, etc. to search for relevant prior art, including patents, published applications, and non-patent literature.
- Analyse the prior art: Evaluate the prior art to determine if it anticipates or renders your invention obvious and therefore makes it non patentable.
- Evaluate patentability: Based on the results of the prior art search, determine the likelihood of your invention being considered novel and non-obvious by the patent office.
- Seek legal advice: Consult with a patent attorney to assess the patentability of your invention and determine the best course of action.
- Prepare a patent application: Based on the results of the patentability search, prepare a patent application that clearly and accurately describes your invention and distinguishes it from the prior art.
Note: While this serves as a basic guideline, the actual procedures and resources employed may differ depending on the kind of input information and results expected.
