Tips for Patentability Looking328971
Persons new to filing patent applications often have basic concerns concerning patent searches. Ought to an inventor do a patent search? Is a patent search needed? Does it matter when a patent search is done? What happens when nothing is discovered? What ought to be done when the inventor finds out that the invention is not patentable?
Patent searches are optional. There is no requirement in the U.S. that an inventor perform a patentability search prior to filing a patent application. Some rookie inventors are confused by the requirement that IF a search is carried out and relevant prior art is found, that relevant prior art should usually be disclosed to the patent examiner or the inventor may be accused of fraud. Note that still, a prior art search is not required, just passing on recognized relevant prior art, from an optional search is required.
Some inventors take the position that they do not want a search so they discover out any poor news. If they find out no poor news, there is nothing withheld from the patent office, as the inventor by no means had the poor news to reveal. Also, waiting for patent search results and later making required invention modifications has can delay a race to the patent office. Definitely, when the U.S. Patent Office switches to a first-to-file system in March 2013, promptly filing patent applications will turn out to be more essential.
Nevertheless, the patent workplace does do its own patentability searches. So at some point the inventor might discover out the poor news that prior art bars getting a patent issued. By the time that the patent examiner conveys the bad news, the inventor has spent a considerable quantity to prepare and file the patent application, waited a number of years for the initial notice from the examiner, and invested funds on manufacturing and advertising the invention with an expectation of exclusivity. By the time that the inventor finds out that no patent will problem, the original patent application issues, telling the inventor's competitors how to make and use the invention. As soon as the competitor finds out that no patent will issues, then they can exploit the technologies with impunity with out paying one dime.
Certainly, an inventor ought to consider the patentability search as comparable to having a mechanic review a utilized vehicle before buy. While the mechanic will not assure that the vehicle will not break down, you will certainly discover out if there are any clear mechanical issues prior to you commit to purchasing the vehicle, registering it, and sustaining it throughout its lifetime. In the same way, an inventor should want to know if there are any clear defects in the idea of patenting an invention before committing to filing a patent application (registering) and paying thousands of dollars in maintenance charges to maintain the life of the issued patent.
Just like the reviewing mechanic can't assure that the car will last forever, a patent searcher cannot guarantee that no prior art exists that could block getting a patent. The mechanic appears for bad news that can be discovered with out taking every bolt and washer apart on the car. The patent searcher can look for prior art, in the searcher's native language, on computer databases all through the world. However, the patent searcher is not most likely to be aware of a single copy of a Swahili-language doctoral thesis sitting on a library shelf in Tajikistan. Therefore, care should be taken to have a very good searcher involved with an understanding that searching must attain as far as feasible but at some point must attain a limit.
Rookie inventors sometimes do their personal patent search and claim that they discovered "nothing like it" concerning their invention. The reality that they are missing is that their search was not competent. Whilst there is no way to find each single piece of prior art all through the universe, there also is no way to search adequately and not find at least some things that are related to the invention.
An additional issue for novice inventors is discovering barring prior art after performing an adequate search prior to filing a patent application. The fact is that a patent searcher can only find what is publicly accessible. If a search is performed on February 1st and the patent application is filed on April 30th, the patent workplace examiner may come up with prior art that only published on February 2nd.
Sadly, it is rather typical that a patentability search comes up with a ton of prior art such that there is now way to get a patent for the invention. The good news is that the bad news is found prior to spending time and money on preparing and filing the patent invention that would have been rejected promptly. The take home for the inventor losing out on a patent search is that the inventor now has a thorough evaluation of the prior art, which should be helpful to learn additional elements that can be incorporated into enhancing the invention. The inventor can now brainstorm with a concentrate on significant novel elements of the invention above the prior art.