The purpose of a patentability searches is to gain an indication as to whether or not a patent claim for an invention is likely to meet the requirements of the patent statute. The purpose of a patent clearance search is to gain an indication as to whether or not exploiting a product in a particular jurisdiction would infringe any enforceable patent rights in that jurisdiction.
Patentability Searches and Patent Clearance Searches: Differences
Here we will discuss some major differences between the two. This will provide better insights about them.
| Patentability Search | Patent Clearance Searches | |
| What is to search for? | Any publication that describe alone or in combination with other publication, the key-features of invention. | Un-lapsed patents that claim one or more features of the invention. |
| What types of documents are relevant? | Any publicly available document including patents and patent applications, journals, brochures, websites etc. | Only un-lapsed patents and patent applications. |
| What jurisdictions to cover? | Documents from all jurisdictions are relevant | Only those jurisdictions in which the product will be commercially available. |
| What are the countermeasures to unfavorable search results? | Usually a patent attorney may try to design around the claims of the found reference, however this has some limitations. | It may be possible to negotiate licenses to use patents located in the search. |
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