Patentability Search & Opinion
What it is
For a client that wants to know what patents or publications (known as prior art) are already out in the public. This helps answer the basic question of novelty: “Is my invention or improvement really new?”
How Bold Patents Does PS&Os
We take these utility patent searches very seriously, as the outcome is usually what provides the basis for a major financial and business decision: whether to file for a patent application. Our team scrutinizes the public databases on the USPTO, Free Patents Online, Google among other proprietary search databases that are connected into the patent information system to gather the very closest prior art to the proposed invention. We then provide an analysis of each prior art patent record with the client’s invention and detail out the key differences. Lastly, we provide a summary opinion which helps answer the big question of whether to file and secondly, what the potential scope of the patent rights might be given the prior art found in the report.
What questions does a Patentability Analysis answer?
- What are the chances of a specific invention being granted a patent?
- What specific claims are most likely to be patentable?
Who needs a Patentability Analysis?
- An inventor wanting to patent an invention
- An investor looking to invest in a company commercializing an invention.
Anyone who wants to patent an invention can benefit from a patentability analysis as explained in more detail below. As inventors in the process of patenting an invention can be confused about the breath of the patent they are likely to receive anyone considering investing in a technology in the process of being patented should commission an independent patentability analysis.
What It Is
A Patentability Analysis attempts to predict the possibility of a patent being granted. Only inventions the patent office deems novel and nonobvious are granted patents. To be novel no current or past technology can have all the aspects of the technology being considered. To be non-obvious an invention must not be obvious to those of skill in the appropriate art. Both are complicated legal standards that are applied differently for different inventions. The non-obvious standard is particularly complicated. In a patentability analysis a patent lawyer compares the invention to patents granted and published up to the present day. Using the prior art the patent lawyer does an analysis similar to that done by the patent office comparing the current invention to the prior art. This way the patent attorney can (1) determine the likelihood of a patent being granted, and (2) claim around the already written patents. The second benefit is especially important for cost conscious clients. Every interaction with the patent office costs money. By writing claims that are more likely to be accepted early you can limit the interactions with the patent office and the cost of patenting. Knowledge is power. With a patentability analysis you can boldly patent your invention knowing you are likely not wasting your time or your money.