A Patentability Search, sometimes called novelty search, is a search of prior art conducted on behalf of a potential patent applicant.
It may require some very specific skill set and experience while doing a patentability search.
For example, the number of U.S. patents is rapidly approaching 10 million. That is, it may not be reasonable to examine every patent for relevance to a new invention. Therefore, it is said that performing a good patent search is an art.
Why Patentability Search?
Patentability Search is directed primarily at the novelty requirement.
Thus, you can commission a Patentability Search to ascertain whether your invention is novel or not. This is done by searching similar ‘already’ publicly-disclosed inventions prior to its critical date.
Ideally, the Patentability Search will locate the prior art that an examiner would have asserted in a first office action. The patent drafter can draw up claims with such prior art in hand. These claims distinguish the present invention from the prior art. This, in turn, leads to a better set of claims being allowed at an earlier date.
It may be understood that any relevant written evidence may impact novelty or obviousness. One should search full patent specifications, the claims and all available technical and non-technical publications (e.g., product brochures and conference proceedings). Any written material that precedes the filing date of a patent application or the present, if the application has not been filed, should be included.
Patent office, in most jurisdictions, assesses the novelty of a patent application. It checks by whether an invention was patented or described in a printed publication anywhere in the world. Therefore, you should search the patents and published patent applications of all the major patent offices and any other countries where time permits.
Do’s and Dont’s
Sometimes, patent applicants and their counsels limit the patent searches to selective sources (such as U.S. patents only). This may turn out to be a major mistake. In short, it is one of the primary reasons that many of the patents filed with various patent offices are easily invalidated.
The quality and duration of your search is merely a function of your available time, your budget and the public availability of the information. In simpler terms, your economics primarily dictate the extent of your search. And, so, you should try to extend it as much as possible in order to get an accurate search done.
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Other Related Articles:
- Patentability Searches vs. Patent Clearance Searches
- Patentability Search Basics: Things You Should Know
Patentability Search Services by The Patent Search Firm
