Patentability searches are an important part of the patent process. They allow you to determine whether or not your invention is actually patentable. In order to perform a patentability search, you will need to use a variety of resources. This blog post will discuss the different types of resources that can be used in a patentability search, and will provide tips on how to conduct a successful search.
The prior art search
The prior art search is the first step in the patentability analysis. It is used to determine whether there is any prior art that would make the claimed invention obvious or unpatentable. The search includes searching for patents and non-patent literature.
The prior art search is used to find all relevant prior art, including:
The search is used to determine whether the claimed invention is obvious or unpatentable in light of the prior art.
Relevant prior art may be found in many places, including:
-Patent and non-patent databases
-Internet search engines
The search should be as comprehensive as possible, covering all relevant art. However, it is not always possible to find all relevant prior art. In such cases, the patentability analysis will be based on the prior art that is found.
Patent searching databases
One of the most important steps in the patentability search process is to identify the right databases to search. There are a variety of different databases available, each with its own strengths and weaknesses. The three most commonly used databases for patentability searches are the USPTO Patent Full-Text and Image Database, Google Patents, and Espacenet.
There are three key questions that need to be answered when evaluating patentability:
-Is the invention new?
-Does the invention involve an inventive step?
-Is the invention capable of industrial application?
To answer these questions, you will need to search for prior art. Prior art can be anything that makes your invention obvious to someone with ordinary skill in the art. This includes patents, published patent applications, non-patent literature, and anything else that is publicly available.
To perform a thorough prior art search, you will need to use a variety of resources. These can include online databases such as Google Patents and the USPTO website, as well as physical databases such as the Patent and Trademark Office. You may also need to consult experts in the field to get a better understanding of what is considered prior art.
The patentability opinion
The patentability opinion is a report given by a patent attorney to their client, which assesses the likelihood that a particular invention is patentable. The opinion will also give an indication of the strength of any potential patents that may be filed.
There are three main things that a patentability search will assess:
-The novelty of the invention
-The inventive step
-The industrial applicability
To assess these factors, the patentability search will use a variety of different resources. Firstly, they will search through existing patents to see if there is anything similar to the invention in question. They will also search through non-patent literature, such as academic journals, to see if the invention has been disclosed anywhere else. Finally, they will also search through any prior art that the applicant has already filed.
File a provisional application
A provisional application for a patent is a quick and easy way to establish an early effective filing date for your invention while you work on developing a complete non-provisional (regular) patent application. After you file a provisional application, you have one year to file a non-provisional application for a patent claiming the benefit of your provisional application.
If you do not file an appropriate non-provisional (regular) patent application within that time frame, your provisional application will be considered abandoned and you will have lost any benefits you would have otherwise received by filing the provisional application.