Rushing an idea or product to market without patentability research and analysis can be detrimental to your business. Patentability analysis can save you from preparing, filing, and prosecuting a patent application for a product that already exists. At DiBerardino McGovern IP Group LLC, we work with clients through all aspects of the domestic patent process, including conducting patentability searches and evaluation. Our experienced attorneys can perform a thorough patentability analysis to determine if your concept is novel, or if a patent for your invention already exists.
Patentability analysis protects your business
Under U.S. Law, patents are only granted for new inventions. If a previous patent or patent application exists that covers every aspect and detail of your product, you will not be able to obtain a patent because the invention is not considered “new.”
Thus, the purpose of a patentability analysis and search is to provide you with as much information as possible about whether your invention is worth pursuing. The patentability search focuses on scouring the prior art to determine if claims that define the new invention are indeed novel. One of the primary benefits of patentability analysis is to determine what aspects/details of your product or process can be protected and what cannot be protected.
Additionally, by conducting patentability analysis for your business, our lawyers can determine how broadly you can claim your new product, thereby providing insight into the marketable value of your patent. Further, a rigorous search may uncover other important information such as possible licensee of the invention and whether there are other competitors in the industry.
Prior art and the novelty requirement
Under 35 U.S. Code § 102, your invention must meet the novelty requirement before you can obtain a patent. The law explains that you shall be entitled to receive a patent for your idea unless:
- Your claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention; or
- Your claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
The prior art search is part of the patentability process and is one of the first steps in determining whether a concept is worth pursuing.