Patentability Search

A search conducted on an inventive idea/disclosure/preliminary set of claims to figure out if there is a scope of getting the idea patented in the near future with in-depth knowledge of what already exists in the domain/market or field of the invention.

There are various conditions to be fulfilled for an invention to be patentable. Three main conditions are:

• It should contain novelty.
• It should have an inventive step.
• The invention should be non-obvious.

A patentability search is sometimes also known as a novelty search. However, there is a minute difference between patentability and novelty search. A Novelty search is generally a low-budget search conducted on a rough draft of the invention to figure out if there is/are any new/novel elements in the invention or if the invention is non-obvious or not.

This novelty search then further leads to a high budgeted patentability search for those inventions which has shown some hint of novelty. The patentability search is conducted based on an initial draft of claims or provisional application before filing the application for examination in the patent office. The output of the patentability search helps in drafting the final claims or scope of the application to be filed in a patent office before this undergoes an examination process.

This search also helps in setting claim boundaries or limitations that determine the scope of the claims of the invention. The search provides the applicant/inventor with the documents/patents, also known as prior arts, which would be cited for the application and act as background knowledge. 

Before introducing a new product to the market, one need to ask themselves:

• Can a patent protect his/her invention?
• Does an individual invention infringe someone else's invention?

Searching can help solving these queries, as well as to:

• Determine who owns what IP
• Check that an individual’s IP is not being infringed
• Obtain product information on competitors for research or design around purposes.

Each patent document includes a detailed description of an invention (with illustrations) and information about the inventor and applicant. More than forty million patent documents have been published worldwide.

Patentability search costs around $2,000 and a patent application cost between $8,000 and $14,000, so finding out that an idea isn't patentable can save a lot of money.

Overall, a patentability search is important for the following reasons:

• A patentability search can help the inventor better comprehend the invention's scope.
• It can aid the patent drafter in claim drafting by providing a better knowledge of the invention in comparison to the prior art.
• When it comes to responding to rejections - which may or may not occur during the examination phase - the candidate can be better prepared.
• It is possible to avoid working on an innovation that has already been patented. As a result, you'll avoid the time-consuming and costly patent application process.
• You can prevent infringing on another company's patent by knowing what inventions already exist. As a result, you won't have any FTO (Freedom to Operate)
• Existing patents might provide you with ideas for how to improve your invention and differentiate it from others.
• You can find out about your competitors' inventions and obtain ideas for potential business threats, partners or investors.
• It's possible that you'll find out that a competitor's patent is invalid.

During the search, any document which is in the public domain, be it a granted patent, a patent application or a non-patent reference existing on or before the present day when the search is conducted that covers the major aspects of the invention according to the client/applicant/inventor requirements is considered as a prior art, also known as background art. The non-patent references include research papers, thesis, standards, white papers, e-mails, conversations, newsletters, products, articles, videos, blogposts, any internet publications, etc.

There are millions of patents in existence. For your patentability search to reveal all the information, you need to dig deep for details. To uncover the most relevant data, you should:

Take advantage of multiple search tools.

• Free patents online
• USPTO database
• INPASS
• Google patents
• Novelty checker by XLSCOUT.

Each one of these has its own advantages. Free Patents Online offers PDF documents with convenient hyperlinks. Google is fast and has information that stretches back many years. The USPTO database is an official government source.

Use the tutorials, help sections, and advanced search features of each patent search engine. You'll learn techniques that will make your search more effective.

One should try to cover a variety of keywords during their search. Many patents use unobvious language, so try to search by using as many keywords as possible that relate to your invention. Use all of them during your search and sometimes inventors do make use of some wrong spellings as well so using few wrong keywords during your search is of no harm for example one can use “receive” and “recieve” both.

Knowing the right patent classification system is also important. Like there are various categories of classification as per different regions for examples Europe (CPC, IPC, ECLA) and the U.S. (US classes or USPC Classes) share a system, while other countries have a different method for organizing patents. When you know what classes and subclasses your invention falls into, your search is effective. Professional patent examiners sometimes create their own categories within subclasses to organize the information they find.

Japanese has their own classification system known as the F or FI terms. The pool of classes is available all you need to do is to find out the perfect category related to your field of invention.

Patentability search report, also known as a state-of-art search report or broad landscape search report comprises an analysis of various citations such as patents and non-patents identified while performing a search. The patentability is sometimes also referred to as prior art search or state-of-art search or broad landscape search, depending upon client requirements and expectations.

The actual cost of a patentability search will vary depending on various aspects. These aspects may be technology advancements used in the invention to be patented, how thoroughly the search has to be performed that further depends upon client requirements, time, and budget. In broad terms, the price you pay for getting your patent often depends on how complex your invention is, and the number of claims you are seeking. An elaborate invention with many potential claim elements in a highly esoteric area would cost more than the research on a relatively straightforward invention.

There is no single answer to how much a patent search service costs. It could cost anything from $200 to $5000, depending on the approach you pick. The wide range of possible fees is mostly determined by the approach and depth of the search you desire. Many services exist that do preliminary searches of issued patents in the United States. They'll look through a small number of databases for a small number of keywords.

Hiring a patent search professional to do a complete search of patent applications in several nations, on the other hand, could be costly but effective. It depends on the intricacy of the patent and the requirement to seek for conflicting patents in diverse domains of art. Another alternative for seeking patents is to employ a high-volume patent search business. These companies offer low-cost patent services.

Some professionals charge a set fee, while others bill by the hour. In the United States, the hourly fee might reach $100. When doing an in-depth analysis and offering an opinion on the patentability of an invention, professionals choose an hourly rate. The invention's complexity is a crucial factor. A basic innovation could cost as little as $100, but a complex one with a full report could cost as much as $2,000. 

average cost estimates for professional patent searches-

• Simple Invention- $1000-$1250
• Slightly complex - $1250-$1500
• Moderate Complexity - $1500 -$2000
• Highly Complex - $2000-$3000

A patent search fee is also charged by the government. The search fees for a university or a small business are roughly $300. A large corporation will pay roughly $600 in fees. More information about government fees can be found on the USPTO website.

A patentability search can be performed by a patent attorney or agent, or by a professional patent search firm. It can also be conducted by an inventor or company, although it is generally recommended to seek the assistance of a professional to ensure a thorough and accurate search.

No, a patentability search cannot guarantee that an invention will be granted a patent. However, it can provide valuable information about the potential patentability of an invention, which can help inform decisions about whether to pursue a patent application. Ultimately, the decision to grant a patent is made by the patent office based on a few factors, including the novelty and non-obviousness of the invention.

A patentability search can help an inventor or company by providing valuable information about the potential patentability of an invention. This information can help inform decisions about whether or not to pursue a patent application and can also help identify potential areas of improvement or innovation that can enhance the invention's patentability.

Some common mistakes to avoid when conducting a patentability search include not defining the scope of the search clearly enough, failing to search all relevant sources of prior art, and failing to analyze the relevance of each prior art reference to the invention in question.

Yes, a patentability search can be performed on a provisional patent application. However, it is important to note that a provisional patent application does not undergo the same examination process as a non-provisional patent application, and therefore a patentability search performed on a provisional application may not provide as much information about the potential patentability of the invention.

Yes, a patentability search can be performed on a confidential invention. However, it is important to ensure that appropriate measures are taken to maintain the confidentiality of the invention during the search process. This may involve working with a patent attorney or search firm that has experience handling confidential information.

Yes, a patentability search can be performed for international patent applications. However, the search process may need to be tailored to the specific requirements of each country or region in which the invention is being considered for patent protection.

Yes, a patentability search can be performed for software-related inventions. However, the search process may need to be tailored to the specific aspects of the invention that are eligible for patent protection, as not all software-related inventions are eligible for patent protection.

A patentability search is focused on determining the potential patentability of an invention, whereas a freedom to operate search is focused on determining whether an invention infringes on existing patents or other intellectual property rights. Both types of searches can be useful in informing decisions about whether to pursue a particular invention.

Yes, an inventor or company can perform a patentability search on their own. However, it is important to note that conducting a thorough and effective patentability search requires a significant amount of time, effort, and expertise. It may be more efficient and cost-effective to work with a patent attorney or search firm that has experience conducting patentability searches.

If prior art is found during a patentability search, it is important to carefully analyze the relevance of the prior art to the invention in question. If the prior art is highly relevant and suggests that the invention may not be patentable, it may be necessary to reconsider whether to pursue a patent application. Alternatively, the prior art may provide valuable insights and guidance for improving the invention or developing alternative strategies for protecting intellectual property.

Conducting a patentability search can also have potential drawbacks, including the time and expense required to perform the search, the potential for uncovering prior art that suggests the invention may not be patentable, and the potential for providing competitors with insights into the inventor's or company's intellectual property strategy.

A patentability search is conducted to determine whether an invention is novel and non-obvious, and therefore potentially eligible for patent protection. In contrast, a patent infringement search is conducted to determine whether a product or process may be infringing on an existing patent. While there may be some overlap in the sources of prior art searched and the methods used, the goals and objectives of the two types of searches are distinct.

Yes, a patentability search can be used to identify potential licensing opportunities by identifying patents and other intellectual property that may be relevant to the invention in question and providing insights into the existing intellectual property landscape in the relevant field of technology. This information can be used to identify potential partners and licensees, and to develop an effective intellectual property strategy.

Yes, a patentability search can be conducted after a patent application has been filed. However, it is generally more efficient and cost-effective to conduct a search before filing the application, as this can help to identify potential obstacles and risks to obtaining patent protection and provide guidance for developing an effective patent strategy.

A patent examiner is responsible for reviewing patent applications and assessing whether the invention meets the requirements for patentability, including novelty, non-obviousness, and usefulness. The examiner may conduct a patentability search as part of this process and may also raise objections or issue rejections based on prior art or other issues. The applicant may respond to these objections or rejections, and the process may continue until the patent is granted or the application is abandoned.

Novelty Checker by XLSCOUT is an innovative and simple-to-use tool that empowers users to perform a quick and accurate first pass prior art analysis for their ideas.

With the help of cutting-edge AI and machine learning technologies, Novelty Checker provides a pointed and accurate analysis of your ideas' novelty by comparing them with 150 million+ patents and 220 million+ research publications in real-time. Its high accuracy and reinforcement learning algorithms make it a reliable innovation intelligence tool that eliminates the need for an expert.

Ideacue is an innovative ideation engine that combines large language models and inventive principles to suggest unique and fresh ideas. By leveraging generative AI, Ideacue helps companies define their problem statements, supervise recommendation engines, and generate ideation maps and innovation pathways. It saves time, supports brainstorming and decision-making, and aids in making informed choices.

Our Corpus is a proprietary thesaurus consisting of over 3 billion technical words. It is a tool that our patent searchers use to quickly identify synonymous and interoperable words for comprehensive searches. By providing a vast database of technical terms and synonyms, the Corpus helps in patent searches by enabling our searchers to perform more comprehensive searches. This can help to identify patents that may have been missed using more limited search methods.

A Patentability search is sometimes also known as a novelty search. However, there is a minute difference between patentability and novelty search. A Novelty search is generally a low-budget search conducted on a rough draft of the invention to figure out if there is/are any new/novel elements in the invention or if the invention is non-obvious or not.

This novelty search then further leads to a high budgeted patentability search for those inventions which has shown some hint of novelty. The patentability search is conducted based on an initial draft of claims or provisional application before filing the application for examination in the patent office. The output of the patentability search helps in drafting the final claims or scope of the application to be filed in a patent office before this undergoes an examination process.

This search also helps in setting claim boundaries or limitations that determine the scope of the claims of the invention. The search provides the applicant/inventor with the documents/patents, also known as prior arts, which would be cited for the application and act as background knowledge. 

A patent, unlike a research paper, grants its owner exclusive rights so that others can be prevented from using the idea of an inventor. A party that wants to implement or use or take advantage of a patented invention must have a license or approval from the patent owner.

The patent owner profits from commercialization of patents when they themselves or other parties use, manufacture, sell or profit from a patented invention. The patent owners can further license their patents to other entities by granting or allowing rights over the patented invention in exchanges for royalties. Thus, patent prevents other parties/entities from exploiting the invention without patent owner’s grant.

To identify these patent/non-patent citations, various paid and/or unpaid databases can be used. The databases include Orbit, Derwent, Xlscout, Patsnap, Lens.org, Google patents, Google, IEEE, Google scholar, IETF standards, 3GPP standards, ETSI, Espacenet, J-platpat, KIPRIS, CNIPA, etc.

During the search, if you encounter granted patents/patent applications which are disclosing the novel feature/features of your invention, it implies that the invention is already patented, and your invention is not patentable. Similarly, there are many such inventions/ideas/documents which are never patented but are present in the public domain. These documents act as prior arts, and the current invention will not be patentable.

Further, to identify if a product has a patent, one needs to identify the assignee of the product. Next, go to a database or Google Patents and search for the portfolio of the assignee. If the number of patents in a company portfolio is less, they can be each analyzed to identify the patent for the product.

However, if the company portfolio is quite large, search key strings using keywords or elements for the product features have to be searched to output and analyze a doable number of hits. One can also go through tile, abstract or claims of the patents to analyze the citation in less time, since the novelty of an invention is claimed, and one can identify a relevant patent after analyzing the claims.

In addition, there are various laws that are taken into consideration while performing patent search. These laws are subject to jurisdictions. These laws are based on novelty, obviousness and usefulness of an invention.

It totally depends upon the platform you are using. If you are using AI-based tools (like TTC AI-based novelty checker) then you can get the results very fast, and you can compare the data of your invention with the data that comes out from the AI-driven tools.

• If you are performing search manually by using any sort of paid or unpaid databases, then again it will vary upon the field you are digging in and also the kind of citations you are coming across. It may be possible that you come across a very relevant citation sooner than later and thus it will take less time to search, or otherwise you may have to undergo many hits to identify good citation sometimes.
• Usually, novelty searches take less amount of time as compared to other searches.
• This depends upon quality of your search strings and set of keywords you are using, that is why it is advisable to use companies who have experts in this field rather than going for searching on your own.

• After performing searching, one needs to accumulate the data in a proper representative way so that one can justify the findings against or with respect to their own invention.
• Report can be built in a word format, power point format or the excel format.
• One gets the demo reports for the patentability search, landscape search, prior art search, infringement search or other related search from the TT Consultants platform.
• Reports can include the data in graphical representation also, it will not just beautify the report but also justify the gathered data in a better way.
• Further, one can prepare the claim chart report in which one may divide the invention piece by piece and then map the data available from the prior arts in front of the pieces. It will provide the more understanding towards the required matter.

Ideacue is an innovative ideation engine that combines large language models and inventive principles to suggest unique and fresh ideas. By leveraging generative AI, Ideacue helps companies define their problem statements, supervise recommendation engines, and generate ideation maps and innovation pathways. It saves time, supports brainstorming and decision-making, and aids in making informed choices. 

Our Corpus is a proprietary thesaurus consisting of over 3 billion technical words. It is a tool that our patent searchers use to quickly identify synonymous and interoperable words for comprehensive searches. By providing a vast database of technical terms and synonyms, the Corpus helps in patent searches by enabling our searchers to perform more comprehensive searches. This can help to identify patents that may have been missed using more limited search methods.