When an inventor creates a new and innovative product, they fear that their invention may get stolen or their invention might get into the wrong hands or with someone who claims it to be their own. To prevent such malpractices or to ensure benefits and profits for the inventor of the company, patenting is done. This helps the inventor get exclusive rights to the invention so as to enable him/her to enjoy all the benefits along with the ability to sell the patent.
But for an invention to get patented, the inventor has to look through the existing patents so as to ensure that he is the inventor of that product and that the idea has not been yet discovered. For this purpose, a patentability search is used.
What is a patentability search?
A patentability search examines any references of any kind that may tell or reveal an invention that is somewhat similar or identical to the one under consideration, as well as whether the invention in question is patentable or not. It looks for similarities between the properties of the current invention and those that currently exist. Any discovery may only be covered by a patent if it is novel, and this search helps the patentability searcher to find any crucial references that were available before the invention’s key date. The apparentness of an invention is as arbitrary as the notion of likeness.
Is patentability search mandatory by the law?
Although patentability search is not a mandate given by the law, it is advised to the inventors to have a patentability search done before filing an application for the patent license. It may be considered as the initial steps of an inventor to begin the patent application procedure. It is essential to establish that the innovation is novel before beginning manufacturing in order to ensure that it is both innovative and patentable. It helps in the efficient drafting of the claims in
the patent by giving the patent drafter a greater understanding of the innovation than the existing prior art. The applicant needs to be more prepared when it comes to explaining rejections because this circumstance may or may not arise during the test process.
There are various kinds of patentability searches. These are as follows-
1. Key string search-
A PA key string search involves employing key strains made of keywords to get data from a patent database. A key string search must be carried out according to ti specific progress. The following are the crucial reminders-
- Describe the terms used to describe the features of your invention.
- Look for terms that signify the same as the ones you selected in the previous phase.
- Create key combinations that be used as database search queries.
2. Patent classification search-
Patent classification is a hierarchical system that classifies the technology involved. Depending on the technology it covers, each patent application is given one or more classes.
There are numerous classification schemes, including the International Patent Classification, the US Patent Classification, and the European Classification etc. If IPC Codes are found to be extremely relevant, then query the database using such IPC codes without adding further restrictions.
3. Citation-based search-
Citations are tools that serve as a reminder for prior technology. A patent applicant or a patent examiner may cite references. A patent may have both forward as well as backward citations. To complete the search, we extract the documents using key string search and patent classification search and then look for pertinent references. If references relevant are present, we run a citation search on all discovered documents.
4. Assignee-based search-
In an assignee-based search, we create a list of assignees from the material gathered so far. We then utilize those names to query the database. It may happen that we wind up going over the same documents repeatedly. In such situations, the assignee might only have a small number of patents to their name. If the assignee has more patent documents to their name, it is required to add specific restrictions so that the query has reduced results
These strategies help the inventor to be prepared for his invention and secure his rights as a rightful owner. This makes the patent exercise more comprehensive and increases the probability of uncovering relevant patent references.
