Patentability Search
A patentability search, also known as a novelty search or prior art search, is conducted to determine the novelty and inventiveness of an invention before filing a patent application. The purpose of a patentability search is to assess whether an invention meets the criteria for patentability and if it is likely to be granted a patent.
Here are the key aspects and steps involved in a patentability search:
Understanding the Invention
The first step in a patentability search is to thoroughly understand the invention being considered for patent protection. This involves gathering detailed information about the invention’s features, functionalities, and technical aspects. It’s important to have a clear understanding of the scope and novelty of the invention to conduct an effective search.
Identifying Relevant Search Databases
The next step is to identify the appropriate search databases and sources to conduct the search. These may include patent databases, scientific literature databases, technical publications, academic journals, conference proceedings, and other relevant sources of prior art. The selection of databases depends on the field of technology and the scope of the invention.
Conducting the Search
Using keywords, key phrases, and relevant classification codes, the search is conducted in the identified databases and sources. The objective is to identify prior art references that disclose inventions similar to or closely related to the invention being searched. Prior art refers to any existing publicly available information that may affect the patentability of an invention.
Reviewing and Analyzing Search Results
The search results, which consist of patent documents, technical articles, publications, and other relevant references, are reviewed and analyzed. The focus is on identifying prior art references that are most closely related to the invention and could potentially impact the novelty and inventiveness of the invention.
Assessing Novelty and Inventiveness
The identified prior art references are carefully evaluated to determine their relevance and impact on the novelty and inventiveness of the invention. The search results are compared to the features and claims of the invention to identify any similarities or potential conflicts. If a prior art reference discloses all the features of the invention, it may affect the novelty and patentability of the invention.
Preparing Search Report
A patentability search report is prepared, summarizing the search process, search methodology, and the identified prior art references. The report may include details such as the title, abstract, publication date, and relevant excerpts from the prior art references. The report provides a comprehensive overview of the prior art landscape and serves as a basis for making informed decisions regarding patentability.
Decision-Making
Based on the results of the patentability search, the inventor or the patent applicant can assess the likelihood of obtaining a patent for the invention. If the search reveals prior art references that are too similar or already disclose the invention, it may indicate that the invention lacks novelty or inventiveness, and obtaining a patent may be challenging. On the other hand, if the search reveals limited or no prior art references, it may indicate a higher likelihood of meeting the patentability criteria.
It’s important to note that a patentability search is conducted to the best of the searcher’s ability and within the available time and resources. While it provides valuable insights, it does not guarantee the ultimate outcome of a patent application. Engaging with a patent attorney or a professional patent search firm can help ensure a comprehensive and accurate patentability search, as well as provide guidance on the next steps in the patent application process.