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Patentability (Novelty) Search
Patentability (Novelty) Search According to 35 U.S.C. 101 “Whoever invents or discovers any New and Useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor”.
A novelty search is conducted to determine if the invention is New, which will determine if further investment is justified or not. In addition to patent literature it is sometimes appropriate to search technical articles e.g. Journals, books and articles on the internet. PSI highly recommends doing a Patent-ability Search before a Patent Application is prepared as a cost-effective way to determine whether or not the invention will be patentable. At times this report serves as A tool to find new solutions to technical problem or enhance the invention to a degree which satisfy the patent-ability criteria.
A Patent-ability Search answers the following questions:
a) Is your idea novel, has it already been patented, has it been anticipated or rendered obvious?
b) Is it worth the spending money for filing a patent at all, given the scope of patent-ability?
c) What is your competition doing?
d) Is it worth the effort and expense to fully develop and market your concept?
Many firms Using inventive specifications and disclosures made by inventor, search within the area of interest for both expired and unexpired patents and publications as well as patent related literature but many patents are rejected by citing non-analogous art also so we at PSI doesn’t restrict our search to any area of interest or classification. We generally tend to write strings as broad as possible so that we don’t miss any prior art. Our final out put consists of
A) key point of the inventions that is disclosed to us .
B) Five to ten closest prior art and summary of those prior art patents, non-patent literature
C) Analysis part which discuss how our inventions is different from prior art.
D) The key points of our invention that are anticipated by prior art.
E) Number of key points that are anticipated and how those points are anticipated.
F) Key strings that we have used and number of hits that we have got.
G) Aspects of the invention that we have considered while searching.
we cover non patent literature as well as many patent application are rejected citing non-patent literature