Patentability search or Novelty search, is it required? advantages of novelty search
What is Patentability search or Novelty search
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Patentability Search or novelty search is a comprehensive search performed by the patent attorney to make a judgment about whether the invention is novel and worth proceeding for the drafting and filing stage.
Patentability search report or novelty search report
Patentability search report
Although this is an optional step, there are some advantages of this search which you may like to consider before deciding.
The main purpose of this search is to find out if it is worth making the investment for filing a patent application for the invention. And to find out the patentability of your invention.
In this search the objective is to find out the closest possible prior art related to our invention. This would help us understand if our invention has novelty and when compared to prior arts it may help us establish non-obviousness as well.
The patentability search involves
advance keyword search tactics
classification search
Search by company name or assignee
combination of different strategies in a single search query
searching forward and backward reference of a good prior art
search in different patent databases
Patent applications that are published
Patents that are granted
non-patent literature like articles blogs websites
IEEE papers and non-patent literature search
products and services available in market
and other relevant platforms in the domain of your invention
The patentability search is aimed towards finding out the novelty and nonobviousness of your invention. The novelty can be answered quite objectively, if all elements of our invention are found to be present in a single prior art document then our invention might not be novel.
But finding out non-obviousness is a bit tricky. We need to make a judgment whether elements of our invention present in different prior art documents (not a single document) can be combined to arrive at our invention?
In simple words, the question is, was it obvious for a person skilled in the art to combine the multiple prior art documents and arrive at our invention?
Since the novelty search identifies the closest possible prior arts relating to your invention, by reviewing the results found, an opinion about the patentability of your invention may be provided by the Patent attorney.
The patentability opinion may be positive, negative, or neutral.
In the search report, the results found in the novelty search are closely analyzed and map against the elements of our invention. It really helps if you could identify how your invention is different and or improved when we compare it to the results that are cited in the search report.
The ideal case would be, some aspects of our invention is solving a long-standing problem that the prior arts failed to solve. This would prove strong evidence for the non-obviousness of our invention.
The patentability search report and the opinion provided helps you decide whether to go ahead with the patent or not. Sometimes, what you thought as a novel invention might already be patented or known to the public that is forming a 100% overlapping prior art for our invention.
In such a case, a novelty search report saves your time, effort, and cost helping him decide not to proceed with an invention which anyway would be objected to or could not obtain a patent due to lack of novelty.
Hence this report saves lots of time, effort, and cost of the inventor by helping him decide whether to go ahead with the costs required for the patent filing process or not.
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