A Patentability Search helps us with identifying and mapping the potential references that can be found by the examiner at the examination stage.
It also helps save excessive cost, effort and time that goes into redefining the patent application and further complicates the process.
The same can be applied for Design Patentability Searches which searches the eligibility of the patentability of a Design Patentability Search.
What information is needed for a patentability search?
- If you hire a patent expert to do the novelty search, you will need to supply a detailed description of the invention, which includes drawings, figures, and photographs, and any other relevant information.
- You would also need to provide a draft patent application or draft claim set and, if applicable, a corporate invention disclosure form.
As the novelty search provides insight into existing technology (i.e., the state-of-the-art related to the invention), it helps while drafting the patent application as we are aware what not to focus on. This may help the drafter to focus on those points of novelty of the invention that may have a greater chance of a patent being granted.
What are the criteria for a Patentability Search?
Patent application must satisfy the following three criteria:
Novelty: This means that your invention must not have been made public- not even by yourself- before the date of the application.
Inventive Step: This means that your product or process must be an invention solution. It should not be a kind of invention that would be evident to a manufacturer.
Industrial Applicability: This criterion implies that it must be possible to manufacture the invention.