Before filing the patent application to secure your invention, the inventor or an applicant must perform a patentability search. A patentability search is a type of patent search that provides valuable information whether your invention is eligible to receive a patent grant or not. This type of search takes the prior-arts in the consideration.
The purpose behind performing a novelty search is to ensure that your invention is new and no similar technology exists already. The comparison includes patented and non-patented inventions.
To protect your invention from infringement, Patent grant is important. Not only you can protect your invention from infringement but also earn revenue as well. This is only when your invention qualifies for the invention.
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Understanding the Meaning of Patentability Search
A patentability search or the novelty search refers to the patent search which is conducted to ensure that no one has patented the same invention. It reveals information whether your invention is novel and non-obvious.
If your invention does not qualify for a patent grant, you can refrain from moving further on to the patent process and work around your invention so it qualifies for the patent grant. This saves your time and cost. Let’s get to know about why do you need to conduct a prior-art search.
Why is Patentability Search Important?
Take a look at the reasons that makes a novelty search an indispensable part in the getting the patent grant.
- By having access to information about the prior-arts, you can create a patent draft that provides the broadest protection.
- A patentability search provides information whether your invention is patentable or not. If the results are not favorable, you can work around your invention to make it unique and innovative.
- Conducting a prior-art search increases the chances of getting a patent grant.
- If anyone challenges the validity of the invention, you can use the information and the knowledge you received from novelty search to counteract.
- A patentability search informs you how valuable your invention is and you are likely to attract investors for the same.
- The novelty search considers both old and new invention. It also takes into account patented and non-patented inventions.
How To Conduct Patentability Search?
The inventor can conduct patentability search on its own. The USPTO allows inventors to conduct a novelty search by visiting the official website of USPTO. The inventor will have to follow the guidelines as prescribed by the USPTO.
It is recommended to inventors to hire a professional patent attorney to conduct a patentability search. The patent attorneys have years of experience and expertise that can be put to use to conduct a patentability search and intricately drafting patent application to secure your invention.
Is it necessary To Conduct A Patentability Search?
Conducting a patentability search is not necessary but it is a good idea to conduct it. By conducting a patentability search, you will get an idea about how your invention is distinguishable from the prior-arts. A patent search determines if your invention is unique or not. With that, you can determine whether your invention qualifies for patent grant or not.
Securing your invention is a time consuming process let alone the cost involved in obtaining the patent grants. There is always a chance that you are not able to draft patent application properly since it includes technical and legal aspects, which results in loss of time and money. Your application may be rejected if prior-arts are found by examiner during the examination phase.
For that reason, it becomes crucial to conduct a patentability search even if you know that the same product does not exist in the market.
Hire PDC for Patentability Search
Patent Drafting Catalyst can help you in conducting a patentability search. We have a team of professionals who have expertise in identifying prior-arts so you can work around your invention to make it innovative.
Along with that, we have access to various database and information about various key phrases that may help in identifying prior-arts. So, if you are looking forward to conducting a novelty search, our team of professionals can help you.
To know more about us or our services, you can get in touch with us.
Frequently Asked Questions
Check out some of the frequently asked question associated with the prior-art search.
Is it essential to conduct a patentability search?
It is not essential to conduct novelty search. It can help you in saving time, money and efforts. Thus, conducting a prior-art search is a wise decision that an inventor can make.
When is the best time to conduct a novelty search?
The applicant or the inventor can consider conducting a novelty search prior to filing the patent application. So, if you know that you are ready with your invention and want to file a patent application for the same, make sure to conduct a novelty search before jumping into action.