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. However, at least TWO benefits may be derived from the patent search step.
- First, the search provides insight as to the scope of patent protection that may be granted to you by the United States Patent and Trademark Office (“USPTO”). The search results may form the basis on which you decide to invest additional time and funds into the project. For example, tooling costs, equipment purchase, legal fees, etc.
- Second, the search results aid your patent attorney in writing your patent application. If prior art similar to your invention is found, the patent attorney can draft the patent application to distinguish your invention from the prior art improving your chances of obtaining patent protection.
The patent searching step is an important step in the entire patenting process. The USPTO will not examine your patent application for at least one year, if not more. During this time, you will spend time and money on your idea. As such, obtaining competent legal advice during this step is important to mitigate unnecessary drain on your time and money.
You may also be interested in how to conduct a patent search before retaining a patent attorney and Benefits of Patent Protection.
For more information, I invite you to Contact me.
Loading ...
