Step-by-Step Procedure for Conducting a Basic Patentability Search

Conducting a patentability search is a crucial step before filing a patent application. It helps determine if your invention is novel and non-obvious, which will be key requirements for obtaining a patent. A thorough search ensures that your invention is different from any prior art like existing patents, publications, or public disclosures and saves time and resources in the patent process.

Step-by-step guide to perform a basic patentability search.

• Understand Your Invention Thoroughly: Before starting a patent search, it’s important to have a clear understanding of your invention. Break it down into its core features and determine what makes it unique. Think about the problem it solves, how it works, and what sets it apart from existing solutions. This will help guide your search in the right direction.
• Identify Key Concepts and Keywords: Once you understand your invention, list out key terms and phrases that describe it. These can include technical terms, materials, processes, or functions involved. Think about any synonyms or alternative names as well. These keywords will be useful when searching for similar inventions in patent databases.
• Search Using Patent Databases: With your keywords in hand, start searching for similar inventions using patent databases like the USPTO, Google Patents, or Espacenet. Begin with a broad search, then narrow it down by adding more specific terms. Be sure to look for both granted patents and published applications, as both can serve as prior art.
• Review and Analyse the Results: As you gather search results, carefully review the patents to see how similar they are to your invention. Pay attention to the claims section, which defines what the patent covers. Also, check the drawings and descriptions to see if any invention matches yours closely. Note the filing dates, as older inventions could be a barrier to your patent.
• Conduct a Global Search: Since patents are only valid in specific countries, you need to search for similar inventions globally. Use tools like WIPO’s PATENTSCOPE for international patent applications or Espacenet for European and worldwide patents. This ensures that your invention hasn’t been patented elsewhere.
• Refine Your Search and Repeat: After reviewing your initial search results, you may need to adjust your keywords or classification codes. As you explore more prior art, you’ll get a better idea of how your invention compares to others. Keep refining your search until you feel confident that you’ve covered all possible prior art.
• Evaluate the Novelty and Non-Obviousness of Your Invention: Based on what you found in your search, assess whether your invention is truly new and non-obvious. Does any prior art completely match your invention? If not, think about how your invention improves upon existing solutions. If it offers a significant advantage, you may still have a good chance of obtaining a patent.
• Consult with a Patent Attorney: Finally, it’s a good idea to consult a patent attorney. While a basic search is helpful, an attorney can perform a more thorough search and provide expert advice on your invention’s patentability. They can also guide you through the application process, ensuring your invention is well-protected.