Determine How Patentable Your Inventions Are With Our Hybrid 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.

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 patentability analysis 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. 

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 novelty 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.

If prior art is found during a patentability analysis, 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.

Novelty Checker by XLSCOUT is an innovative and simple-to-use AI Based 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.

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. 

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.