What is Patentability Search and Why to Do it?

A patentability search is a cost-efficient and prudent searching way to start and discover the issued or published patent applications relevant to the discovery. Dependent on the patent searching results, you might decide whether the invention is patentable or not and to what level or degree it can be patentable. A patent refers to the right granted to the owner for revealing any new product, machine, or technology. It might also be the case for a useful item or a manufacturing process.

The patent right delivers the right for offering others from making, selling, or using it in the USA. It will require a claimed invention in exchange for the patent for the complete invention disclosure. It is one of the best ways to secure any invention or discovery. You have to keep in mind some things for conducting this search, like patent application, file histories, software, marketing services, search services, and referral services.

Why Perform A Patentability Search?

Once you start your online patent search, the first thing that an examiner of the patent office will do when she or he receives the patent application for a product, design, or technology is to conduct a prior patent search. It also involves the patent application relevant to the invention to decide if your discovery is new or not. Therefore, we will suggest searching the issued patents, public and published information, and published patent applications for examining whether any portion of your concept or idea is published, disclosed, or patented previously.

Moreover, you can avoid the needless expenses of the lost money and time to file and prepare a patent application. If the patent search turns up the prior art, that will preclude the discovery from currently being issued like the patent. If you know the prior art relevant to the invention, it will guide the patent applicant in drafting the application through figures, description, and background, necessary to correctly reveal the applicant’s novel intention.

More than 7 million patents are issued by the USPTO (US Patent and Trademark Office), which means there are more patents in existence than there are commercial products available. If your product or invention is not on sale in the store, in the public domain, or on the internet, this does not mean that someone has not issued protection for the same discovery. Your primary goal should be to include a complete understanding of the patent applications and patents before your invention, which might have a bearing on the patent protection scope available for the discovery.

How To Perform A Self Patentability Search?

You can carry out an advanced patent search on your own through the following processes.

• First of all, decide which patent type you want to seek. Utility patents will cover up the functional facets of the discovery, where the patent design will include only the discovery invention.
• Access the entire patent database online like the ones offered by the UPTO and IBM. Identify some of the most vital subcategories and categories for the discovery.
• Read out the class descriptions in the database for identifying out which ones are of enormous significance.
• Review the complete patent database issued within the classes or the categories.
• Carry out the searches for the keyword to find out the potential discovery. Do not leave any stone unturned for the process.
• Collect your entire patent searching results in the report.

Read Also:-Definition And Significance Of Prior Art Searching Information

Hire Experts For The Professionals

If you are confident enough to research your invention through different patent search websites on your own, then you can always hire professionals for this purpose. You require to know the alternatives first, whether to hire a patent agent, lay searchers, or a patent attorney. To identify perfect patent searchers, you might search into the yellow pages or on the internet for them. Always make use of the services of the patent firm efficiently. You can do this by delivering the patent searcher with a clear and complete description of the discoveries or invention together with your drawings. You will also require analyzing the response of the searching firm methodically.

Necessities Of A Patentability Search

Now let us see why patent search is necessary for the patent inventors below.

• The specification for the patent, also known as the disclosure, is the written description of the invention. The patent specification comes with a draft to view the statutory patent written patentability and define the claim scope.
• The patent specification varies according to the different jurisdictions; claims form essential and critical components of the patent specification, as they will define the invention scope. The patentability search’s primary goals are to get the claims that will be constructed to include the intended scope, with a minimum of the prosecution history.
• One of the most common difficulties that the inventors face while discussing the invention with the patent attorney is to define the features of the patentable product, design, or technology.
• Most of the inventors cannot describe what a patentable feature is and whether the product, technology, or design includes any exclusive feature that their invention will make to the related industry. Also, since they have not seen anything like their invention in the market, there is nothing out there that would limit them from acquiring a patent. But this is not possible, as numerous factors will contribute to the fact that it is already patented. In these cases, Google patents advanced search will help you to find out if your discovery is unique or not.

Final Thoughts

Many times the USPTO examiners grant the patent, but the invention never makes it to the market or manufacturing unit. Some organizations aggressively will publish defensive publications to stop their competitors from delivering a patented technology. Thus we will always recommend doing the patent search to start the process. It is always better to include some better idea or concepts about the relevant inventions that will give the investor an idea about whether carrying the invention forward will make sense or not.