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
|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.|