What is a Patentability search?

A patentability search and analysis involves analyzing the invention to understand if the invention is patentable and chances that a patent application will get approved by the patent office. A patentability search report includes analysis of an invention based on the patentability criteria set by the patent law of the relevant country.

In general, an invention is eligible for Patent rights, if the invention meets the following criteria:

1. Novelty: An invention is said to be novel when the invention is not anticipated by any single prior art reference. In simple terms, the word “anticipation” means providing details regarding the workings and feasibility of the same invention.

2. Non-obviousness: An invention is said to be non-obvious, when the invention is not anticipated by any combination of known prior art references.

3. Useful: Invention is said to be useful if it has applications in an industrial setting.

4. Subject Matter: An invention is said to be eligible subject matter if the invention is not excluded by the patent law. The phrase “subject matter” refers to the concept or aspect that is intended to be protected by a patent. Few subject matters such as business methods are not patentable subject matter in India.

Benefits:

A patentability search report offers the following benefits:

1. Assess strength of invention A patentability search reports helps in assessing the strength of the invention when compared to prior art

2. Helps narrow down / broaden the scope of claims Through rigorous analysis of relevant prior art, a patentability search report helps in defining scope of claims of the resulting patent application(s) in a better manner.

3. Increases probability of grant of patent for your invention Better scoping and better understanding of the prior art increases the chances of obtaining patent rights for an invention.

4. Saves time and money Understanding the chances of obtaining patent rights before filing patent applications can save time and money. Further, given that patent examination process is a laborious and costly process, scoping the breadth of claims well can save valuable time and money as well.

In most circumstances, we strongly advise clients to get a patentability search and analysis done before proceeding with filing a patent application for his/her invention.

By Senthil

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