If you have an invention, you may be wondering if it is patentable. A patent search can help you answer this question. A patent search is a process of looking for prior art that is similar to your invention. Prior art is any information that was made public before your invention was created. If there is prior art that is similar to your invention, it may not be patentable.
There are two types of patent searches: novelty searches and patentability searches. A novelty search is a limited search that looks for prior art that is identical to your invention. A patentability search is a more comprehensive search that looks for prior art that is similar to your invention, even if it is not identical.
If you are considering filing for a patent, it is important to have a patentability search performed. A patentability search will help you identify any potential problems with your invention. If there is prior art that is similar to your invention, you may be able to file for a patent if you can show that your invention is non-obvious.
What is a Novelty Search?
A novelty search is a type of patent search that looks for prior art that is identical to your invention. The purpose of a novelty search is to determine if your invention is novel. Novelty is one of the requirements for patentability. An invention is novel if it was not known or used by others in the world before the filing date of your patent application.
Here are some of the benefits of conducting a novelty search:
- Save time and money: A novelty search can help you to avoid wasting time and money on patent applications that are unlikely to be successful.
- Identify potential problems: A novelty search can help you to identify potential problems with your invention that may need to be addressed before filing a patent application.
- Increase your chances of getting a patent: A novelty search can help you to increase your chances of getting a patent by identifying prior art that may be relevant to your invention.
What is a Patentability Search?
A patentability search is a more comprehensive type of patent search than a novelty search. A patentability search looks for prior art that is similar to your invention, even if it is not identical. The purpose of a patentability search is to determine if your invention is patentable. Patentability is determined by three factors: novelty, non-obviousness, and usefulness.
The results of a patentability search can be used to:
- Determine whether an invention is patentable: If the search does not find any prior art that describes the invention, the invention is likely to be patentable.
- Identify potential problems with an invention: If the search finds prior art that describes the invention, the inventor may need to make changes to the invention in order to make it patentable.
- Negotiate with potential licensees: If the inventor is considering licensing the invention to a third party, the results of a patentability search can be used to negotiate a fair price for the license.
The Difference Between a Novelty Search and a Patentability Search
The main difference between a novelty search and a patentability search is the scope of the search. A novelty search only looks for prior art that is identical to your invention. A patentability search looks for prior art that is similar to your invention, even if it is not identical.
When to Conduct a Novelty Search
A novelty search is a good option if you are considering filing for a patent and you want to determine if your invention is novel. A novelty search can help you identify any potential problems with your invention. If there is prior art that is identical to your invention, you may not be able to obtain a patent.
When to Conduct a Patentability Search
A patentability search is a good option if you are considering filing for a patent and you want to determine if your invention is patentable. A patentability search can help you identify any potential problems with your invention. If there is prior art that is similar to your invention, you may still be able to obtain a patent if you can show that your invention is non-obvious.
Conclusion
If you have an invention, you may be wondering if it is patentable. A patent search can help you answer this question. A patent search is a process of looking for prior art that is similar to your invention. Prior art is any information that was made public before your invention was created. If there is prior art that is similar to your invention, it may not be patentable.
There are two types of patent searches: novelty searches and patentability searches. A novelty search is a limited search that looks for prior art that is identical to your invention. A patentability search is a more comprehensive search that looks for prior art that is similar to your invention, even if it is not identical.
If you are considering filing for a patent, it is important to have a patentability search performed. A patentability search will help you identify any potential problems with your invention. If there is prior art that is similar to your invention, you may be able to file for a patent if you can show that your invention is non-obvious.
