Whenever an applicant or inventor files for a patent, he judiciously assess whether any similar invention exists as a prior art. A patentability search also known as novelty search, identifies any prior art reference or a combination of references are material to the patentability of the invention filed.
A novelty search involves searching prior art, which includes all the published patent applications, issued patents, and all other published documents. Patentability searches are conducted to confirm about the patentable nature of the invention. They help in reducing the cost required during the prosecution of patent process.
Apart from determining the patentability, this search also helps the patent drafter to write a patent application that defines the inventive steps of the new product. Secondly, it also speeds up the prosecution by preempting examiner rejections. Most importantly it improves the defensibly of the future patent by ensuring that the examiner considers the most relevant prior art during prosecution.
Patentability search avoids the duplication of R&D work.It identifies the new ideas and technical solutions, products, existing industrial property rights. It improves the existing product or process and monitors activities of competitors both within the country and abroad.
Patentability search is most common type of search and its objective is to determine whether a specific invention is:
- Patentable subject matter