Patentability Search (Prior Art )

Patentability (Prior Art) Search

Identifying your invention’s patentability helps you decide whether it’s worth investing your time, money and, most importantly, your aspirations in that invention.

A patentability search is essential in the patenting process because it can indicate whether or not an invention is likely to be patentable. The search can be used to identify potential prior art that may create a barrier to patentability. It can also be used to determine if any existing patents or non-patent literatures may prevent the applicant from obtaining a patent on their invention. By identifying potential prior art and existing patents, the patentability search can help the applicant determine whether or not it is worth investing in the patent application.

A patentability search assesses whether or not an invention or idea is eligible for patent protection. It involves searching through existing patents and other prior art (non-patent literature) to determine if the idea is novel and non-obvious. This type of search is typically conducted by a patent attorney or patent agent with sound technical knowledge who will look for any existing patents or published documents that could potentially anticipate or invalidate the claimed invention.

We can help you save millions of dollars in investment and thousands of hours of effort with our timely and methodical patentability search services. 

Three basic requirements of patentability globally:

Novelty – The invention is new worldwide. Your invention should not be available to the public globally in form (literature, Patent, Publication, Journal, Websites, or traditional knowledge)

Inventive Step/Non-Obviousness – Also called “non-obviousness”. How much is your invention different from similar methodologies, concepts, and technologies?

Industrial Use/Utility – It should not be a non-workable idea or an abstract theory. Your invention should have industrial use or be manufactured by the industry or in the USA. Simply, it should have utility.

 

Partner with us at the initial stage and find out whether the invention of the idea you are working on is patentable, save money and effort, and save yourself from disappointment later. It is always advisable to look for Patentability Search / Prior Art Search Company in India to help you with the patentability check.

Advantages of Patentability Search & opinion:

  1. Saves investment in further R&D.
  2. Save cost on Product development. 
  3.  Save time on reinventing the wheel.
  4. You can modify your invention if it fails patentability criteria & do it again for the modified invention. 
  5. It prevents you from building the wrong aspiration with your invention.
  6. Invest with confidence if your invention is patentable. 

Why to hire Patent Experts to conduct patentability searches and give you an opinion?

  1. The language used in the patents is not regular; generic terminology is used to define technical elements or features, making it difficult to read and understand the patent document for inventors. 
  2. Defining Novelty is sometimes a task for inventors. For example, when you say your invention is similar to citation 1. After reading it several times, your answer is, yes, it’s similar, not the same. Then our opinion on Novelty would be affirmative. Yes, your invention is novel. Is that confusing? 
  3. If your invention is novel, then you have to validate non-obviousness. 
  4. Various case laws are referred to understand and validity non-obviousness of your invention. How it is validated: when a single document fails to cite all the elements/features of your invention, then two or three more citations are compared to check if the inventor can combine the teachings of these different citations and envisage (come up with) the/your invention. If the answer is yes, then your invention is obvious. While affirming the inventive step (non-obviousness), two or three more documents are compared. Little difficult right?
  5. In most cases, industrial application or utility is not that difficult to validate. Still, different case laws need to be referred to come up with an opinion. 
  6. Further, there are restrictions on patenting inventions in a few domains. For example, perpetual machines are restricted in the US, Neucelar tech, the business method in India and the like. Refer to Section 3 of the Indian patent Act. 

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