NOVELTY/ PATENTABILITY SEARCH

Novelty Search is the comprehensive search post the prior art search for the invention of new subject matter that is to be patented and also for searching whether the invention has been disclosed publicly or not. It is also known as PATENTABILITY SEARCH. Its main aspect is to search the novelty and non-obviousness of the patentability

Patentability search is to be done at a basic stage of innovation and development and before filing the patent application. It helps in saving finance i.e. reduces the chance of unnecessary wastage of money. It is mainly done by Patent Search Professional. It is to be done on the request of the inventors.

The Patentability Search includes:

  1. Advance keyword search
  2. Classification search
  3. Assignee or Company  name search
  4. Search on different data base
  5. Market search
  6. Search on giving formed/ background reference of prior art etc.

On basis of this search, the patent professional creates a Patentability Search Report within a week.

Three Types of opinion can be represented in the report. They are-

  1. NEGATIVE OPINOIN: if the Patentability search report is not novel nature, the opinion should be not to file any application based on the invention.
  2. NEUTRAL OPINION: If the Patentability Search Report has a fair chance of winning the patentability except on some aspect. On rectification of those aspects it may turn out to be to be true and novel.
  3. POSITIVE OPINION: If the Patentability Search Report are novel and non-obvious in nature and hence are good to win the patentability protection.

Novelty should be global even if the patent protection is specified for a specific geographical area. It also resolves any awaited problem that prior art fails to solve; which may results in strong evidence against the novelty or non-obviousness of the invention.