2021-10-05
There are a plethora of things you need to consider when running a business. Before putting a new product on the market, you may want to consider filing a patent application. Often, the first step in the patent process is a patent search in which patentability is assessed.
When you have an invention that meets the relevant legal conditions, it is patentable and should be granted a patent. Keep in mind that it also has to fall under substantive conditions for it to be valid. When you do a patentability assessment, you can expect to receive information about relevant references and a written report on patentability and potential issues you may face.
Understandably, patents and the patent process can be quite tricky to understand, and the laws surrounding them can be daunting. For this reason, it's best to work with credible patent agents to ensure you get the right assistance and guidance throughout the process.
What is a Patent Search?
A patent search or patentability search is conducted to find relevant prior art documents that describe some or all of the features of the invention in question. This search can be beneficial as it can help define the scope of available protection and provide additional information that may be useful to the drafting process.
But what constitutes a prior art document? Prior art documents may be a published patent application, scientific journals, articles, posts, YouTube videos or any other published document that may be found during a diligent search. If a single document is uncovered that describes your proposed invention, then your invention is not new, and you won't get a patent for it.
A patent search that does not find all of the relevant elements of your invention is not a guarantee that you will successfully obtain an issued patent. The benefit of a patent search is that it provides information. Nothing can guarantee that you will obtain an issued patent.
What is a Patentability Assessment?
A patentability assessment is much more reliable and more informative than a patent search. Here, you get a detailed analysis of your patent search, references uncovered, and a written report on its patentability. A patentability assessment may also consider other grounds, such as utility. This means that your invention must be useful for the public or specific sectors in the community.
Having the assistance of a registered patent agent can be invalubale during the patent search and assessment phase since they have an understanding of the rules and regulations associated with the patent process and are familiar with common arguments made by patent examiners. If you need assistance and you're looking for a patent agent, book a meeting with us today!
