What Is Patentability Search?
Understanding what is patentability search is crucial before applying for a patent. During a patentability search, the user examines both patent and non-patent literature to determine the likelihood that the invention would be successful in obtaining a patent. A patentability search and opinion is an optional stage in the patent process that can assist you in determining whether to invest the time and money necessary for filing a patent application. The purpose of a patentability search is to determine whether and which features of your invention are unique.
The following characteristics are taken into account during each patentability search:
Subject matter eligibility
The invention must fall under one of the specified groups of machine, composition of matter, article of manufacturer, or process. The invention must additionally not be covered by any exclusions that are considered ineligible for patent protection, such as laws of nature, abstract ideas, natural events, or solely mental operations.
Assessing subject matter eligibility is essential in deciding whether an invention fits the legal conditions required to qualify for a patent, that grants the inventor exclusive rights for a specified period of time.
Novelty
The idea that an invention needs to be novel or inventive to be eligible for patent protection is known as novelty. A key requirement in patent law is novelty, which states that an invention is not eligible for patenting if it has been publicly disclosed, published, or known prior to the filing date of the patent application.
While conducting a patentability search, patent examiners and professional patents analyze the novelty of an invention by conducting a complete search of existing patents, scientific literature, publications, and other available resources. Any information, documents, or earlier patents demonstrating identical characteristics or concepts to the invention under review can have an impact on its novelty. If the invention turns out to be lacking in novelty, it may fail to meet the conditions for patentability. As a result, proving uniqueness is essential for getting patent protection for an invention.
What is Patentability Search Application and why is it Important?
What is patentability search, and why is it a crucial step in the innovation process? A patentability search is important because it can assist you in avoiding wasting time and money. Because there are so many detailed requirements and details involved in a patent application, being as comprehensive and prepared as possible helps maximize how time, money, and effort can be used for a specific invention.
As previously stated, a patent has to fulfill specific conditions to be granted. A patent search may uncover existing intellectual property (IP) that may indicate to the innovator that they are at a dead end, as well as the other way around, identifying potential empty areas the innovator could capitalize on.
Although an inventor can search the internet for publicly available documents such as blog posts, academic articles, YouTube videos, and so on, using a dedicated platform can significantly speed up the patent process. Instead of searching multiple sources and evaluating how they match, a single search on a patent platform may produce the same results, saving the user an enormous amount of time. They can also use the platform’s built-in features, such as wildcards and stemming, to help them find what they’re looking for.
Types of Patent Searches
A patent search is the process of discovering relevant patents. Depending on the objective of the patent search, characteristics such as timeline, jurisdiction, and subject matter can be defined while carrying out a patent search. There are different kinds of prior art searches for various objectives, but patent searches can be broadly grouped into six basic categories. They are:
Patentability or Novelty search
The most popular kind of search on patent and non-patent literature to evaluate the novelty and patentability of the invention is called a “patentability search,” also referred to as a “novelty search.” A patentability search is conducted before an application for a patent is filed, though it can be performed far earlier in the invention process. Patent searches are frequently conducted on a worldwide or global scale, using several commercial or free databases.
Freedom To Operate
Before introducing a new product, an FTO search, also known as a “Clearance search” or “Right to use search,” is performed to verify the patents that are in effect in a country to guarantee that the company is not infringing any patent (s) of a third party. The FTO search is limited to patents that are ‘in force,’ and it necessitates an in-depth review of the claims and legal status of patents identified. FTO is typically performed on a jurisdictional basis because patent rights are specific to jurisdiction, and FTO analysis needs to apply to specific nations or regions where an organization intends to operate.
If the company wants to launch products in the US, FTO must be completed in the US alone; however, if the products are to be offered to four other countries, FTO must be performed in all four countries.
Validity/ Invalidity Search
The objective of a validity/invalidity search is to determine whether or not a patent obtained for an invention is valid in regard to prior art. The primary reason for conducting this search is to either validate or invalidate one or more patent claims. In other words, a search to validate the claims of a given patent is known as a Patent Validity Search, and a search to invalidate the claims of a given patent is known as a Patent Invalidity Search.
State of the Art search
The State-of-the-Art search is the most wide and general of all patent searches. It is simply a market survey to determine which technologies already exist. State of the Art search results can be helpful in many scenarios, particularly when a company is considering entering a specific field of art. The State-of-the-Art search results may lay out the path that must be followed to design around the present art for a company that is actively working in a specific field of art.
Technology landscape
The technological landscape is an in-depth examination of patents to understand the progress of technology, major players, present and upcoming competitors, and changes in the timeline trend. The primary goal of a technological landscape is to identify white spaces or gaps in technology, and it provides an entire range for planning future R&D, leading to innovative projects to bring out new products/processes in an industry.
The primary goal of a technology landscape analysis is to identify technology trends, competitor advantages, recent technological advancements, and patent activity connected to the technology of interest. Based on the technological landscape research, an effective IP strategy in line with the business strategy is established for the company, as a good IP strategy is a vital aspect of any business plan and growth.
Evidence of use search
The purpose of an Evidence of Use search report, also known as an EOU search, is to identify potential infringement of existing patents. This is useful when transferring technology because proof of patent infringement might influence the terms and conditions of the transaction.
A patent search is carried out to gather useful data related to a specific product or invention, and this data may be used in a variety of ways depending on the objective of the patent search.
Can I skip the patentability search and opinion?
The patentability search and opinion is a tool for reducing business risk. It is not required. You can file a patent application without getting a patentability search and opinion. Obtaining a patentability search and opinion early on, on the other hand, may save you time and money later on.
A patent examiner will conduct a patentability search and might present objections to your application when the patent office evaluates your patent application. However, a patent attorney can utilize the results of a patent search to build a stronger patent application based on your idea.
Work with the Best Patent Filing Company
In any case, even if your search results do not reveal any obstacles to obtaining a patent, it is best to hire a professional patent searcher, such as a patent attorney or trained patent searcher, to conduct a search because the professional searcher’s experience, access to search tools, and knowledge of searching techniques may reveal results that you did not find.
We at Right Patents perform specialized prior art searches like Accelerated Exam Searches, Design Searches, Chemical Structure Searches, Biological Sequence Searches, Non-Patent Literature Searches, Product Searches, Technology Investigation, and Opportunity Scouting. We tailor our performance and best services to the ever-shifting dynamics of the external world. We customize our insights and recommendations to suit the inventor’s requirements. A patent search takes a lot of time. For this reason, we commit to presenting our clients with nothing but the best.
If you want to perform a patentability search, contact us for an efficient and smooth process.