Patentability Search Services

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 provide a guarantee of a patent grant. However, it serves as a valuable tool for assessing the potential patentability of an invention. This information aids in making informed decisions about whether to proceed with a patent application. Ultimately, the decision to grant a patent lies with the patent office, taking into account factors such as novelty and non-obviousness. 

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 LLM 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 CheckerLLM 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 generative AI & LLMs based algorithms make it a reliable innovation intelligence tool that eliminates the need for an expert.

Ideacue10x is an innovative ideation engine that combines large language models, generative AI and inventive principles to suggest novel and patentable 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.

The cost of a patentability search can vary widely depending on several factors, such as the complexity of the invention, the depth of the search, the geographic scope, and the expertise of the search provider. 

A knockout patentability search report typically includes a summary of relevant prior art, analysis of the invention’s patentability, and recommendations for further actions. Inventors can use this report to make informed decisions about pursuing a patent, refining their invention, or exploring alternative strategies for intellectual property protection. 

Patent novelty is a fundamental aspect of patentability analysis. It involves determining whether an invention possesses new and original features not found in prior art. Ensuring patent novelty is essential because it is one of the key conditions that must be met for an invention to be deemed patentable. A patentability search focuses on uncovering these novel elements within an invention. 

TT Consultants’ quick patentability analysis is a specialized service designed to provide rapid insights into the patentability of your invention. This efficient search process leverages advanced generative AI and Large Language Models (LLMs) algorithms and a vast database to identify potential prior art quickly. It enables you to assess the novelty of your idea swiftly, helping you make informed decisions about pursuing a patent. Our best patentability search service ensures you receive a concise patentability report that highlights relevant prior art, giving you a competitive edge in the patent landscape. 

Before IP Development and Protection 

1. Initial Invention Assessment: 

• • Novelty Evaluation: Conduct a preliminary assessment of your invention to determine if it contains novel elements that are not already disclosed in existing patents or publications. 
  • Inventive Step Verification: Verify that your invention involves an inventive step that is not obvious to someone with expertise in the field. 
  • Market Readiness: Assess the potential market viability and applicability of your invention before proceeding with a patent application. 

       2. During Research and Development 

• • Continuous Innovation Check: Regularly update your search to account for new patents and publications that could affect the novelty of your ongoing R&D projects. 
  • Strategic Alignment: Ensure that ongoing research aligns with current IP strategies and market demands, adapting to emerging technologies and competitor activities. 

        3. Pre-Filing of Patent Application 

• • Final Clearance: Perform a comprehensive search right before filing the patent to ensure all aspects of the invention are covered and to anticipate potential rejections based on prior art. 
  • Claims Optimization: Refine the scope of patent claims based on the latest prior art findings to strengthen the application and enhance the likelihood of patent grant. 

        4. Post-Patent Application Filing 

• • Post-Filing Monitoring: Keep an eye on newly published patents and applications to ensure that no subsequent disclosures infringe upon your pending patent or affect its potential market exclusivity. 
  • Legal and Strategic Preparations: Prepare for potential legal challenges or oppositions by staying informed about the IP landscape and adjusting strategies accordingly. 

       5. For Strategic Business Decisions 

• • Licensing and Commercialization: Identify potential licensing opportunities and strategic partnerships based on the unique aspects of your patented or patent-pending technology. 
  • Competitive Market Analysis: Analyze the patent landscape to understand where your invention stands in comparison to competitors and to identify market niches or expansion opportunities. 
  • Risk Management: Evaluate the risks associated with entering specific markets or technology areas based on existing patents and determine the feasibility of obtaining a strong IP position.