A patentability search is a crucial step
Patentability Search
Patentability Search
Patentability Search (Novelty Search) provides already existing patents and non-patent literature that are similar or close to the invention. A patentability search is the first step performed in a patent filing process. Another purpose of patent application search is to determine how different an invention is from what already exists in the art.
An inventor can determine how patentable the invention is, and also what specific parts of the invention are different from the already existing art. This will further help the inventor to draft the claims accordingly with the same patent search cost. The inventor gets an idea if the invention already exists in the art or it is non-obvious, novel and inventive thus patentable.
Before a patent is filed, it is imperative to discover prior art and determine if the subject matter is patentable to save unnecessary cost on patent drafting, filing and maintenance. Patentability search help inventors to prevent spending money and resources on inventions that are not novel. This is because, patent drafting, filing, and maintenance process is expensive.
Further, we have our in-house tool XLSCOUT for performing the novelty search.
Challenges Faced While Conducting Patentability Search
Non-availability of freely accessible patents and/or pending patent applications.
No integration with recent AI & ML-based analysis technologies.
Very large volume of already published documents.
Complete manual search & analysis resulting in a higher cost of review.
Non-patent literature databases (IEEE, Science Direct, Springer Link, etc.) being paid and the research papers are locked.
Dispersed and paid patent search platforms (XLSCOUT, Derwent Innovation, Questel Orbit, PatSnap, PatBase, and so on.)
Our Services
Consultation to tweak the Idea, make the invention better & get it Patented
The patentability search helps clients to understand whether their idea is patentable or not. An idea is patentable if it is non-obvious, novel and inventive and do not exist already in the art in any form.
This further helps the inventor to identify key points of the invention that are obvious and already exist in the art and also key points that are novel and can be further explored.
The inventor can modify their invention accordingly by focusing on the elements that are unique, novel and inventive.
Drafting the patent
At TTC, after performing a patentability search we can also draft the patent for an inventor.
We have research professionals who are expert in various technology domains and thus are better suited to draft a patent.
The searchers can also a perform a short patentability search before drafting the invention or they can go through the already identified results in the patentability search. This will help them to understand the background of the technology and inventive step of the invention disclosure which will further help to better draft the claims of the invention.
Discover prior arts
A client may have an idea/disclosure in mind. The disclosure can be read, understood and discussed if required with the client. Prepare key features based on the disclosure.
The team will search for what and what not is already present in the art according to the disclosure of the invention. Both patent and non-patent literature is considered as prior-art for this search.
Modify the invention
The patentability search helps clients to understand whether their idea is patentable or not. An idea is patentable if it is non-obvious, novel and inventive and do not exist already in the art in any form.
This further helps the inventor to identify key points of the invention that are obvious and already exist in the art and also key points that are novel and can be further explored.
The inventor can modify their invention accordingly by focusing on the elements that are unique, novel and inventive.
The team will search for what and what not is already present in the art according to the disclosure of the invention. Both patent and non-patent literature is considered as prior-art for this search.
Our Methodology
Patentability Search
The main aim of the Patentability search is to unearth conventional wisdom that was likely overlooked by the examiner, which may potentially question the novelty or non-obviousness or inventiveness of the patent.
Understand
Analyze
Mitigate
Our Methodology
An assigned team goes through client disclosure and instructions to understand client requirements for the search (i.e., format of report, important key features or elements, etc).
Analyze, draft and get approved key features (from client) according to subject disclosure.
Perform a first-pass search on in-house XLSCOUT Novelty Checker Tool.
The team will then search on different paid and free databases for patent and non-patent literature.
Prepare a report as per client requirement and allotted budget hours (summary, claim charted).
Mapping each key feature with corresponding relevant excerpt and providing a searcher’s comment.
Why TT Consultants?
Image based search and Native search provision.
Internal tools to make large PDFs searchable with proximity operators.
XLSCOUT Patent Invalidator+ Tool – AI & ML Driven First Cut Analysis
In-house knowledge/keywords Database (Technical Corpus).
Blend of Human & Machine Intelligence - Use of BERT, NLP, Cognitive Computing, ML etc. in initial screening of results.
Standard Search - In-house developed Standard Search tool for better searching within long documents.
In-house video search tool which extracts all the relevant videos, scrapes the captions/subtitles and makes it searchable in limited time.
Experienced Team comprising Ph.D. holders, Indian Patent Agents and Masters degree holders from reputed universities having expertise in core domain.
Clients Testimonials
Blogs
Blogs on Patentability Search
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IN THE NEWS
FAQs
What is patentability search?
Patentability Search is a prior-art search for published patent and non-patent literature with respect to disclosure of idea of the invention provided by a client. The goal of the search is to identify publications in an area of interest of a certain technical field according to invention disclosure. This search provides detailed insights on where the invention stands, whether it is novel, unique and non-obvious and thus patentable or if the invention is already existing in the art.
Why is patentability search required?
The patentability search helps one to check whether their invention is novel or not. If there is anything already existing in the art, similar to the invention, then your idea is not novel and non-obvious, and you cannot get a patent. The patentability search helps to save a lot of money and time of the inventor. This is because that patent filing process and maintaining a patent is an expensive process, thus in order to invest time and resources in filing and maintaining a patent, one must be completely sure before hand whether their invention is unique, non-obvious and novel. The patentability search further helps the inventor to change the idea or modify the idea of the invention such that it becomes inventive and is non-obvious.
Who should opt for the patentability Search?
Clients, companies and/or inventors who wants to get a patent on a particular idea or invention.
What are the acceptable prior arts for patentability search?
The prior art may be made on many elements including patents, published patent applications, and non-patent literature. Non-Patent literature may include books, evidence of sale or usage, videos, technical standards, white papers, journals, physical forms, and online resources. Also there is no date criteria in the patentability search as anything that exists anytime and anywhere can serve as a prior art and one cannot get a patent.
What happens if there is prior art of your invention?
It simply indicates that your invention is not unique and has already been filed or already exists in the art thus is known to the inventor. If you still want to patent your invention, then you may amend the claims or improve/modify your invention.