Patentability search, also known as a prior art search or novelty search, is a crucial step in the patent application process. It involves researching existing patents, publications, and other publicly available information to determine if an invention is novel and non-obvious, and thus eligible for a patent.
What is Patentability Search?
A patentability search is a comprehensive search of existing patents, patent applications, and other publicly available sources of information to determine if an invention is novel and non-obvious. The purpose of the search is to identify any prior art that may be relevant to the invention and to determine if the invention meets the criteria for patentability. Prior art includes any information that has been made available to the public before the filing date of the patent application, such as patents, published patent applications, scientific articles, and other publications.
A patentability search can be conducted by a patent attorney, a patent agent, or by the inventor themselves. The search typically involves using a variety of search tools, including patent databases, scientific databases, and search engines, to identify relevant prior art. Once the search is complete, the results are analyzed to determine if the invention meets the criteria for patentability.
Why to Perform Patentability Search?
A patentability search is an essential step in the patent application process. There are several reasons why a patentability search is performed:
To assess the patentability of an invention: The primary reason for conducting a patentability search is to determine if an invention is novel and non-obvious. If the search identifies prior art that is similar to the invention, it may indicate that the invention is not novel or that it is obvious, which would make it ineligible for a patent.
To identify potential infringement issues: By conducting a patentability search, an inventor can identify patents that may be relevant to their invention. This information can help the inventor to design their invention in a way that avoids infringing on existing patents.
To save time and money: Filing a patent application can be a lengthy and expensive process. By conducting a patentability search, an inventor can determine if their invention is likely to be granted a patent before investing time and money in the application process.
To improve the quality of the patent application: By identifying relevant prior art, an inventor can use this information to draft a stronger patent application. This can help to increase the chances of the patent being granted and can also help to prevent challenges to the patent in the future.
Maximize Your Patent Chances with Albireo IP
Albireo IP offers a comprehensive patentability search service that includes a search of both patent and non-patent literature to help clients determine the potential patentability of their invention or idea. Our team of experienced patent professionals conducts a thorough search of existing patents, patent applications, and other literature such as scientific articles, conference proceedings, and technical reports. We identify prior art that could impact the patentability of the invention and provide clients with a detailed report outlining the search results and our analysis of the patentability of the invention. Our patentability search service can help clients make informed decisions about pursuing a patent and can help identify potential areas for improvement or further development of the invention.