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Q.1: What is a Patentability/Novelty search?
A novelty search—sometimes referred to as a patentability search—is a kind of search used to ascertain whether an invention is original and not obvious, making it perhaps eligible for patent protection. Finding prior art—which includes any information that is readily available to the public and might be pertinent to the invention—is the aim of this search. Technical reports, scientific papers, patents, patent applications, and other kinds of paperwork might all be considered prior art. Inventors and patent applicants can determine the possibility of receiving a patent for their invention by performing a novelty search. Patent protection may not be available for an invention if the search indicates that prior art has already described or anticipated it. In this case, the invention may not be deemed innovative or non-obvious. Before submitting a patent application, this search is usually carried out to assess the likelihood of success and maybe improve the invention to increase its patentability.
Q.2: Why is a Patentability/Novelty search important before filing a patent application?
Conducting a Patentability/Novelty search before filing a patent application is crucial because it:
- Determines if an invention meets patentability criteria
- Reduces the risk of investing in non-patentable ideas
- Provides an opportunity to refine the invention
- Saves costs by avoiding futile patent filings
- Informs strategic decisions about patenting and intellectual property protection
Q.3: What databases are typically used for conducting a Patentability/Novelty search?
Following are some non-paid patent databases:
- United States Patent and Trademark Office (USPTO) Database
- European Patent Office (EPO) Patent Database
- World Intellectual Property Organization (WIPO) Patent Search
- Google Patents
Following are some paid patent databases:
- Derwent innovation
- Questel orbit
- Patseer
Following are some non-patent literature databases:
- PubMed
- IEEE Xplore
- Google scholar
Q.4: What are the key elements to look for during a Patentability/Novelty search?
The following key elements are looked at the time of novelty search:
- Similar Inventions: Look for inventions similar to the invention in question.
- Publication Dates: Check if prior art predates the invention.
- Scope of Claims: Assess the differences in claims between prior art and the invention.
- Technical Details: Compare technical features of prior art with the invention.
- Non-Patent Literature: Explore academic papers, industry publications, etc.
- Categorization and Classification: Use systems to organize search results effectively.
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