Patentability/Novelty Search

Patentability/Novelty Search

Patentability Search

A Patentability Search is performed to identify patents and non-patent literature which may affect the patentability or novelty of an invention based on the statutory requirements of a patent office. The best time to perform a patentability search is before preparing the patent application to determine whether the invention is novel and non-obvious.

The objective of a patentability search is to find all prior arts including granted patent and non-patent literature that can potentially render an invention un-patentable. The prior art identified in a patentability search also helps a patent drafter in drafting claims which is having the broadest possible scope based on the identified prior art.

Our search strategy is comprehensive and covers a variety of strategies including Keywords based searching, classification-based searching for example, CPC, IPC, USC, FI, F-Term based searching; Assignee and Inventors based searching; Citation Search / Spider searching. We have completed more than 1000+ patentability searches till date.

Steps included while doing

Patentability Search on Patent Database Platform

we cover the following aspects;

Date Restriction: None – The searches are run without any date restrictions since the term novelty itself indicates that the invention should not be known any time before applying for a patent

Jurisdiction Restriction: None – Since the novelty and non-obviousness criteria is absolute across the globe. So, it would not be wrong to say that any public disclosure or practice of an invention even in a space station (outside this planet) shall be considered as relevant prior art

Document Type Restriction: None – Any disclosure in any document or any reference is considered prior art. It is important and interesting to note that even a non-formal reference such as a comic strip can be used to destroy the novelty of an invention.

A patentability study is specific to the novel aspects of the invention. A broad invention covering the concept of the invention, but not covering the specific aspects of the invention are not considered to be related

The volume of non-English literature for patentability projects should not be neglected or underestimated

Non patent searches are as important as patent searches in patentability and invalidation searches

If a single relevant result directly maps all the features of the invention, then the project can be terminated immediately without the need for additional searches

Our end report consists of the relevant key features mapped to the identified patent and non-patent literature references along with highlighted PDFs.

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