Patentability Search

A search for patentability involves looking up both patent-and non-patent-related references that are relevant to the disclosed invention and gives the inventor an idea as to whether or not their invention is novel and non-obvious.

Based on patentability searches, applicants might decide whether to patent an invention or not and avoid wasting time, money, and resources on inventions that aren’t patentable.

According to the complexity of an invention, the cost of a patentability search might range from $150 to $2500.

Patentability searches can be performed by prior-art search service provides, novelty/patentability search company or by inventors, or it can be outsourced to any individual prior art search expert. In online patent search engines, you can find out prior arts by entering a relevant keyword, CPC classification, and citations of the prior art of the most relevant patents.

It is advised to do patentability searches before submitting a patent application, as these searches not only prevent one from infringing on another party’s patents but also reduce unnecessary investments, time, and effort involved in filing a patent.

Any information disclosed in both patent applications and issued patents is referred to as “patent information” It also includes bibliographic information about the patent applicant or holder, inventor, invention dates, countries, current enforcement/legal status, etc. This information includes a description of the claimed invention, related technological developments, a list of claims showing the scope of the patent protection, and a description of the claimed invention. The public can use this information to learn about the most recent technological advances to further their own research.

Information about technologies and business practises is revealed in patent documents but is not released in any other form of publication. Nearly all technological fields have access to patent information. According to some estimates, 90% of the time, new technological information becomes public for the first time after being published in a patent. The information that comes out in patent filings is very important because it helps businesses, inventors, researchers, etc. so they successfully:

• Examine the state-of-the-art in a particular technological area, for example, to gain a thorough understanding of recent breakthroughs and spot potential growth areas.

• Enhance existing products or procedures.

• Find patent-protected inventions to prevent infringement and look for licencing options.

• Avoid duplicating research and development efforts.

• Evaluate the patentability of an invention.

• Find market niches early on and spot emerging technological or product development trends.

• Observe the actions of potential partners and rivals, as well as look for M&A and other opportunities.

Typically, regional and national patent offices publish patent materials 18 months following the date of the first application’s submission or upon the issuance of a patent.
The majority of patent offices also provide these records to free databases online. One such database, PATENTSCOPE from WIPO, provides free online access to national and regional patent offices like the EPO and the USPTO, as well as worldwide patent applications submitted through the PCT System. Additionally, you can use the EPO and/or USPTO patent databases to access eSpacenet, as well as other patent offices like SIPO in China, JPO in Japan, KIPRIS in Korea, etc.

Other free but more in-depth resources provided by industry companies include www.lens.org and Google Patents, among others.

Despite knowledge being freely available, certain abilities are required to use it efficiently. So, if you want to make better business and technical decisions, it’s best to get the exact information structure from a skilled patent analyst specialist.

There are significantly more reputable and effective sources of patent data besides the free ones like the patent office databases, lens.org, Google Patents, etc. It contains.

Patent databases available by subscription from companies like Derwent, Lexis Nexis, PatBase, Questel, etc. you can also contact patent offices for their expert services in patent information and/or contact private businesses like Synoptic IP for their paid patent information services.

A patent is a type of intellectual property right that grants an invention exclusive rights. An inventively developed new item or method that can be used in the industrial environment is referred to as an invention.

In general, creations of the mind, such as inventions, literary and artistic works, designs, symbols, names, and pictures utilised in trade, are considered to be intellectual property (IP).

you can file a patent application with the relevant patent office (typically your home country or where the invention was made) either with a provisional specification or a complete specification. If a provisional specification is included with the application, the complete specification must be submitted within 12 months after the provisional application’s filing date. After the aforementioned timeframe has passed, there is no further extension of time for filing a comprehensive specification.

The patent application might then be further extended to more nations by using a PCT application, which must be submitted within 12 months of the first filing.

A patent can be given for any kind of technological innovation, such as a new plant species, method of production, machine, tool, composition, improvement to an already existing innovation, or cutting-edge nanotechnology chip.

Many products are exempt from patent protection (depending on country laws). Here are a few examples

• Ideas – Mere ideas is not enough. An idea must have a process or supporting documentation in order to be patentable.

• Contraventions of Natural Laws by Inventions (Frivolous)

• Arthmatic equations – Despite the fact that you might have invented an arithmetic equation, you are not allowed to patent the equation itself.

• Finding a scientific principle, a living thing, or anything non-living that occurs in nature

• The Laws of Nature typically show mathematical equations that hold true on Earth. Despite the fact that it is a remarkable finding, you cannot patent these concepts.

• Living things – Finding or developing a new species does not qualify as an innovation that can be patented.

• innovations involving atomic energy

• Treatment Approach | Method of Horticultur/ Agriculture

• Algorithms, Computer Programs, and Business Methods

• derivatives of known compounds or novel applications of known compounds

The following are just a few of the many benefits of holding patents for your company:

• You gain a competitive advantage since you have a monopoly on the market and your competitors are unable to use your invention without your consent. You might be able to charge your consumers more as a result of this.

• It multiplies the value of your company’s overall market value. In reality, intangible assets like intellectual property now account for between 70 and 80 percent of the value of many businesses globally. Your business can still make money by licencing or selling patents even if you struggle in the market.

• By granting licences to businesses in nations or markets that you do not directly serve, you can create a new source of income.

• As you can enter into cross-licensing agreements, etc., it also aids in reducing the risk of IP-related lawsuits.

If you believe that your invention will be useful commercially, failing to patent it or failing to do so in a timely manner could have numerous negative effects.

Following is a list of a few of these:

• Competitors might use your invention improperly to produce goods. If that product is a hit, others might decide to make similar goods without asking for your permission.

• Larger firms may create the product at reduced pricing and compete at more advantageous market prices, driving you out of the market for your own idea.

• Even smaller businesses might manufacture and sell the product for less money since they wouldn’t have to make up for the initial R&D expenses.

• If you don’t patent your invention, it will be harder to sell, licence, or transfer technology.

The firm typically owns the invention and any related patent rights if an employee develops a novel product or process while working for the company. Employers commonly include clauses addressing IP ownership in their contracts to prevent disputes. However, depending on the circumstances, the employee may be entitled to appropriate compensation under the terms of the employment contract or statutory provisions. The employee will always have the right to be listed as the inventor, regardless of who owns the patent.