The Basics of Patentability Searches: What You Need to Know

Silicon Valley USPTO Office

Before you file a patent application on an invention, it's crucial to conduct a patentability search.

Patentability searches are often important indicators of whether or not an applicant will have success in a future patent application covering the same invention.

In this blog post, we'll explain what a patentability search is and why it's essential.

What is a patentability search?

A patentability search is a comprehensive search conducted to provide an indication of whether an invention is new and non-obvious, key eligibility requirements for obtaining a patent.

The search includes reviewing patent databases, scientific publications, and other sources to identify any prior art that may impact the patentability of the invention.

The scope of the search can vary depending on the applicant's goals and the resources available.

Why are patentability searches recommended?

A patentability search is recommended for several reasons.

First, it helps you assess the likelihood of obtaining a patent for your invention. If similar inventions already exist, your chances of obtaining a patent may be reduced.

Second, it helps you identify potential infringement risks. If your invention is too similar to an existing patent, you may be infringing on someone else's intellectual property.

A patentability search can help you avoid these risks and make informed decisions about whether to proceed with a patent application or if infringement risks outweigh the benefit of practicing an invention.

How is a patentability search conducted?

A patentability search can be conducted in-house or by hiring a professional patent search firm.

In-house searches can be time-consuming and may not be as comprehensive as a search conducted by a professional firm.

Professional patent search firms use advanced search techniques and have access to specialized databases to identify relevant prior art.

What are the benefits of a patentability search?

Conducting a patentability search has several benefits.

First, it helps you avoid the time and expense of filing a patent application for an invention that may not be patentable.

Second, it helps you identify potential infringement risks and avoid costly litigation.

Finally, it helps you gain a better understanding of the competitive landscape and make informed decisions about your intellectual property strategy.

Conclusion

A patentability search is an important first step in the patent application process.

It helps you assess the patentability of your invention, identify potential infringement risks, and make informed decisions about your intellectual property strategy.

Whether you conduct the search in-house or hire a professional firm, it's essential to take the time to conduct a comprehensive search before filing a patent application. By doing so, you can avoid costly mistakes and determine the proper form of protection for your intellectual property.