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Patentability/Novelty Search

Steps For Protecting Your Ideas and Inventions

Steps For Protecting Your Ideas and Inventions

State of the Art Search

Quick turnaround time of 3-4 business days

Patentability Search FAQs

What is a Novelty or Patentability Search?

Patentability Search is directed to the prior art search for the new subject matter that is to be patented. An invention is patentable only when it is new or novel and patentability search for an invention helps in knowing whether it has been disclosed publicly by someone before the critical date of the invention.

Is it worth doing a Patentability search before filing?

Yes, Patentability search must be done before the filing of a patent because an invention expends a lot of efforts and expenses, so before filing, an inventor must be sure whether others have already staked a claim for that invention.
In addition to above,

  • The patentability search also gives an idea for an inventor about the scope of the invention;

  • Help the patent drafter to draft the claim by better understanding of the invention over the prior art;

  • Applicant can be ready in advance to give answer to the examination rejection which may come during its examination phase.

  • Also if you want to know the procedure and cost of Patent Filing in India, you can read it here.

    What is the best way to do a Patentability or State of the Art Search?

    The best way to do a patentability search is to carry out searches in professional databases which have worldwide patent coverage. For a good patent search, we need to look into different geographies and how a technology is being practiced there. Though free patent search databases can also help you do a preliminary search to get an idea of where an invention stands but a search on a professional database is highly recommended. Usually, a patent search is performed based on keywords and IPC/CPC/US/ECLA/ F-term classification wherein the professional databases present more options for a detailed search to map out relevant patents such as Assignee based searches, Inventor based searches etc..

    Non-patent literature search must be done thoroughly to cover any prior art disclosed earlier. For non-patent literature, many databases are present which are Google Scholar, Sci hub, IEEE, NCBI etc.

    How much a basic Novelty/Patentability search would cost?

    The cost of the search depends on firm to firm, and on the search requirements. It may vary from $300 to $2000 or higher depending on the search firm.

    Can I conduct a Patentability search myself or should I have to go to a Professional?

    One should go for a professional patentability search since the prior art search needs the expertise to carry out the searches and identify the related prior arts. Professional databases require the use of different concepts and variations of the keywords. A good search logic will help to identify a good prior art and a patent research professional can best apply a good logic for performing the prior art searches.

    For a patentability search, is it safe/confidential to use a search engine such as Google?

    Any search engine cannot claim the invention as it is, they must know the process involved in the invention and Keywords alone doesn't give an idea for the complete method or process of the invention.

    If a search engine such as Google, can infer your whole invention by just knowing the Keywords, then the invention is very simple or may not come under the non-obviousness criteria that must be met to get a patent. Even if the invention is simple and it's keywords are enough for a search engine to make a full invention, then it will be difficult for them to judge the complete invention patentable or new.

    Further, if one has a fear for the stealing of their invention, then one can go for a provisional application filing before searching on Google. It will give an inventor a one-year window and filing of a patent can be done within this window.