Last Updated on 2022-07-27 by AlexHales
When you’re considering filing a patent, it’s important to know that your invention is actually patentable. A patentability search can help you determine this before spending time and money on the application process. In this blog post, we’ll discuss how patentability searches work, what they entail. And how they can help you make an informed decision about whether or not to file a patent.
What is a patentability search and what are its purposes?
A patentability search is an analysis of whether a invention is new and not obvious in light of the prior art. The purpose of a patentability search is to help determine whether to file a patent application on an invention.
A patentability search can be conducted by either looking through physical documents at a library or searching online databases. The USPTO’s patent database, called the Patent Full-Text and Image Database, is a good place to start.
To conduct a search, you will need to know the relevant keywords for your invention. Once you have those keywords, you can begin searching through the prior art. As you look through the results, keep an eye out for anything that is similar to your invention.
How to conduct a patentability search
The first step is to identify the technology area of interest. This can be done by looking at existing patents in the same field, attending trade shows or industry conferences, or reading relevant publications. Once the technology area has been identified, a search of patent databases can be conducted to find existing patents that cover similar technologies.
There are a number of different ways to conduct a patentability search, but the most common method is to use online patent databases such as Google Patents or the USPTO website. These databases allow you to search for patents by keyword, classification, or other criteria.
Another way to conduct a patentability search is to hire a professional patent searcher. Patent searchers are experienced in searching patent databases and can often find patents that would be difficult to find using other methods.
Once a list of relevant patents has been found, the next step is to determine whether the invention is novel and non-obvious. This can be done by comparing the claims of the invention to the prior art found in the patents. If the invention is found to be novel and non-obvious, then it is likely that a patent can be obtained.
Benefits of conducting a patentability search
There are many benefits to conducting a patentability search, the most important of which is that it can help you avoid infringement. By searching for patents that cover your invention. You can get a better understanding of what’s already out there and make sure you’re not infringing on any existing patents. Additionally, a patentability search can give you insights into what’s been patented in the past. Helping you to come up with new ideas that are more likely to be successful.
Overall, a patentability search is a valuable tool for any inventor or company looking to protect their intellectual property. By taking the time to search for patents, you can save yourself a lot of time and money down the road.
Factors to consider when conducting a patentability search
There are a few key factors to consider when conducting a patentability search. First, you need to identify the invention’s “field of use.” This will help you determine which patents are most relevant to your search. Second, you need to consider the scope of the invention. This will help you identify any potential prior art that may be applicable to the invention. Finally, you need to consider the level of detail of the search. This will help you determine how many prior art references you need to review in order to make a determination of patentability.
The limitations of patentability searches
Patentability searches have their limitations. For one, it can be difficult to find all relevant prior art. In addition, the searcher may not have the expertise to properly interpret the results of the search. Finally, even if a prior art reference is found, it may not invalidate the claimed invention.
Despite these limitations, patentability searches can be a valuable tool in the patenting process. They can help to identify potential problems with an invention. And allow the applicant to make informed decisions about whether to pursue a patent.
If you are considering pursuing a patent, it is important to consult with a patent search firm or agent who can help you navigate the process. And ensure that your patent application is as strong as possible.
Thank you for reading! I hope this article was helpful in explaining how patentability searches work. If you have any questions, please feel free to leave a comment below or contact me directly.