In general, for an invention to be patentable, it must be novel, involve an inventive step, and have industrial applicability. Novelty means that the invention must be new and not publicly disclosed before the filing of the patent application. The inventive step requirement implies that the invention must not be obvious to a person skilled in the relevant field.
What is a Patentability Search Report?
A patentability search report, also known as a patentability or novelty search report, is a comprehensive search conducted to determine the patentability of an invention. This search is typically conducted by a patent professional, such as a patent attorney or patent agent, who has expertise in conducting thorough searches within patent databases and non-patent literature.
The purpose of a patentability search
report is to identify prior art references that may affect the patentability of the invention. Prior art refers to any publicly available information relevant to the invention, including patents, patent applications, scientific publications, technical articles, and other public disclosures.
By examining prior art, a patentability search aims to assess the novelty and non-obviousness of the invention and provide an informed opinion regarding its patentability.
Scope of Patentability Search
When conducting a patentability search, a patent analyst focuses on the two requirements for obtaining a patent: novelty and non-obviousness or inventive step. The searcher seeks information that would raise the question of whether the invention is new or novel, or whether it would have been obvious to people familiar with the field of technology at the time of the invention.
The full patent specifications as well as any technical and non-technical publications should be searched. In other words, any written documentation that predates the filing date of the invention or the present day, if not yet filed, that covers the aspects of the invention under study.
Must – Have Elements in a Patentability Search Report
Key features of the invention matrix:
Without some essential components, it may be impossible for a professional with average expertise in the same field to make an invention. Therefore, in order to be thorough, a good patentability search report must clearly state the key features. Typically cameroon phone number list technical professionals analyze and divide the invention into several sections, each of which relates to a specific aspect. The next step is to compare and map each search result against the key features
developed to determine which results
With this information in hand, one can predict the boundaries of the claim and, in turn, the scope of protection of the relevant invention.
Organizing the reference documents into categories:
Relevant references can be included in the search main methods of web marketing report in various ways. It is common practice to categorize papers such as the global search report according to their nature and relevance to the invention in question. For example, consider the category “X” or “Y” papers in worldwide patent search reports.
The invention falls into category X if
a single reference fully discloses all of its novel features, directly affecting its novelty.Documents falling under category “Y” illustrate one or more aspects of the invention in question, and when combined with additional “Y” papers, may or may not indicate the presence of an inventive step.
Others simply categorize the documents
into the most relevant, related or similar, distantly related, and irrelevant categories based on how well the reference demonstrates the original and innovative qualities of the invention. The document that is most relevant meets the criteria of novelty and clarity. The report also includes a complete list of bibliographic information for the documents. An appendix may also be provided listing all other relevant documents that address the same topics as those listed in the report.
Patentability Opinion or Conclusion
The patent analyst then creates the patentability opinion, which is a statement made by the analyst to identify the components of an invention that are not original and not obvious, after extensive consideration of the known references.In addition hin directory an innovation may have some components that are not entirely original but are novel overall. A patentability opinion can be extremely useful to decision makers in such a case.
In addition, an independent preliminary
claim helps decision makers clarify the scope of the patent and understand the limitations of the claims. As a result, decision makers can save time by using this component of a patentability search report to develop an effective patent drafting and prosecution strategy.
Step by Step Guide to Creating a Search Report Framework
Step 1: Define the Scope of the Invention: Start by clearly defining the technical scope of your invention. Identify the key concepts, components, and functionalities that make your invention unique. This step is important because it helps