A patentability search attempts to estimate the scope of patent protection the Patent Office will grant to you for your invention. The broad concept may be patentable if the prior art does not show your invention’s generic concept. On the other hand, if there are numerous prior art references similar to your invention, then limited patent protection may be possible. The search attempts to uncover the most relevant references.
Inventors are not required to search the prior art before filing a patent application on their invention.
Would you go into business without a business plan? Don't file a patent application until you have had a comprehensive patent search performed.
A patent search is a critical step to take before filing a patent application. Just as you need to do due diligence before taking on any business venture, you need to do your patent due diligence before filing a patent application. Although there is an additional expense associated with have a patent search performed, it can potentially save you money down the road.
The patent is granted to an individual/small entity/other than small entity who invents any novel, non-obvious, useful application. The government is authorized to grant a license for a period of 20 years to the inventor. The patent is a negative right as it excludes others from claiming the registered patent. Patent infringement happens when a third party tries to sell or use a patented invention. The TRIPs agreement is mandatory for admission into WTO and so compliance is seen by many countries as necessary. A patent is requested by filing at the registered patent office. The person who files is called inventor/applicant/assignee.The main Benefits of Patent Search are described below:
1) Before applying for a patent, an applicant has to conduct a patent search for checking the availability of his invention. Patentability of an invention aims at estimating the scope of patent protection, the patent office will provide.
2) It is always recommended to appoint professionals for conducting the patent search. Patent protection largely depends upon the results of the patent search. If an applicant finds prior arts similar to his invention, the scope of protection would be limited.
3)The search engine aims at exposing most similar inventions. So, the benefit of patent search would lie in the uniqueness of invention. The search result also helps in forming a basis of the cost expenditure that an applicant is about to invest in his invention.
4) Patent search results in benefits patent attorney in drafting patent application keeping in mind prior arts. If he finds, a certain prior art similar to the references of applicant’s patent description, he can distinguish it with other prior arts. Hence, increasing the scope of obtaining patent protection.
5) A patent search can be referred as the ‘foundation pillar of whole patent processes. A patent search may cost money but it is worth spending as it ensures about patent protection. For better results, the patent search shall be initiated with unique keywords.
Therefore, before applying for patent registration, it is always better to know the prior arts similar to the proposed invention and possibilities and complexities involved in dealing with the prosecution process and get the benefit of patent search.
HerambIndia has a team of professionals who can help in conducting the patent search in minimum time.