A patent search is the first step in a patentability assessment. It involves searching for relevant prior art documents. The search typically involves use of online databases for searching relevant prior art documents that could affect patentability decisions of a proposed invention.

What is a patentability search or patentability assessment?

A patentability assessment includes a patent search, a detailed analysis of the references discovered in the search, and a written report on patentability of an invention.

A patent search is the first step in a patentability assessment. It involves s searching for relevant prior art documents. The search typically involves use of online databases for searching relevant prior art documents that could affect patentability decisions of a proposed invention.

One of the three main criteria for an invention to be eligible for a patent is novelty. Therefore, sometimes, the patentability search is also termed as a novelty search. Other criteria for patent eligibility are non-obviousness and utility. Patentability assessment is an evaluation of the invention on these three parameters.

Why should you get a patentability assessment done before preparing a patent draft?

A patentability search tries to understand the scope of patent protection the Patent Office will grant to your invention. It also helps to recognize if the invention is worth investing for patenting it. Sometimes, the invention lacks novelty or non-obviousness, it is either not pursued further or worked around so as to be different enough from the prior art that an Examiner would allow its grant. For example, sometimes, the broad concept may be patentable if the prior art does not show proposed invention’s generic features. On the other hand, if there are many prior art references that are similar to your invention, then there may be only limited patent protection. A patentability assessment report when reviewed in conjunction with market and technology research helps to evaluate if such a limited protection may be worth of heavy investments that may go in entire patent process. A timely assessment for patentability can save a lot of money in many ways.

Maxinov’s Patentability assessment capabilities

If you are planning to file a patent application, feel free to get in touch with us for an initial free consultation. We provide high quality and affordable patent searches to clients worldwide in various technology domains ranging from mechanical equipment to smart and hi-tech sectors. Our team is equally equipped with capabilities to handle inventions relating to cutting-edge new era technology solutions such as blockchain, cryptocurrency, 5G, smart devices, advanced medical therapies, healthcare IT, etc.

We have a team of scientists, engineers, lawyers, patent agents, and market analysts have with over a decade of experience in patent searches. We will be glad to assist you so you can ensure that your patent filings do not lack the right confidence in view of the prior art literature.

Maxinov’s Patent Search (Novelty Search) Methodology is summarized below.

 

novelty search methodology

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