Patents Informational: Patentability Searches

Patents Informational:

Patentability Searches

What is a Patentability Search

A patentability search is conducted based on a proposed invention to uncover any prior art that is the same as or sufficiently similar to the proposed invention such that it would create hurdles to securing a patent. Examples of prior art include patents or patent applications, products, advertisements, marketing materials, articles, and websites.

When to Perform a Patentability Search

A patentability search should be performed before filing a patent application to assess the likelihood of securing a patent. The time, effort, and cost associated with filing a patent application can be significant. As such, filing a patent application without understanding the prior art landscape can lead to wasted resources.

Performing a prior art search to better understand the existing prior art can help create a more informed patenting strategy. For example, prior art can guide a patent attorney to strategically draft patent claims that avoid the prior art. In some cases, prior art can help a patent applicant re-think whether filing a patent application at all is the right course of action.

Patentability Search Process

A patentability search can be conducted by an experienced patent professional. A good search strategy begins by developing a clear understanding of the proposed invention. This understanding is then used to search patent databases and the Internet for prior developments that may create hurdles to securing patent protection for the proposed invention.

Analysis of Patentability Search Results

Patentability search results should be analyzed by a trained patent professional to determine whether a reasonable opportunity exists to secure patent protection on the proposed invention. For example, patentability search results may be used to strategically define how the proposed invention may be protected even against the backdrop of the patentability search results.

Take Action

If you are considering filing a patent application, P3ip can work with you to perform a patentability search based on your proposed invention. P3ip can also perform a detailed analysis of the patentability search results at your direction and develop a plan to pursue patent protection, if such course of action makes sense based on the analysis.

IMPORTANT DISCLAIMER - The contents of this document are not legal advice, do not create an attorney-client relationship, and do not establish an attorney-client privilege. Instead, this document is for general informational and/or educational purposes only.

This document is not a substitute for consulting a licensed attorney. A consultation with a licensed attorney is necessary to consider a complete picture of your circumstances and to provide you with a personalized recommendation.