Tips for Patentability Looking6027564
Persons new to filing patent applications frequently have basic questions concerning patent searches. Should an inventor do a patent search? Is a patent search needed? Does it matter when a patent search is carried out? What occurs when absolutely nothing is found? What should be carried out 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 carry out a patentability search before filing a patent application. Some rookie inventors are confused by the requirement that IF a search is carried out and relevant prior art is discovered, that relevant prior art ought to usually be disclosed to the patent examiner or the inventor may be accused of fraud. Note that nonetheless, 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 bad news, there is nothing withheld from the patent workplace, as the inventor by no means had the bad news to reveal. Also, waiting for patent search results and later creating required invention changes has can delay a race to the patent office. Definitely, when the U.S. Patent Workplace switches to a first-to-file system in March 2013, promptly filing patent applications will become more important.
However, the patent office does do its personal patentability searches. So at some point the inventor might discover out the poor news that prior art bars obtaining 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 marketing the invention with an expectation of exclusivity. By the time that the inventor finds out that no patent will issue, the original patent application problems, telling the inventor's competitors how to make and use the invention. Once the competitor finds out that no patent will issues, then they can exploit the technology with impunity without paying 1 dime.
Definitely, an inventor ought to think about the patentability search as similar to getting a mechanic evaluation a used vehicle before buy. Whilst the mechanic will not assure that the vehicle will not break down, you will certainly find out if there are any clear mechanical problems prior to you commit to buying the vehicle, registering it, and maintaining it all through 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 prior to committing to filing a patent application (registering) and paying thousands of dollars in maintenance fees to maintain the life of the issued patent.
Just like the reviewing mechanic can't assure that the vehicle will last forever, a patent searcher can't guarantee that no prior art exists that could block getting a patent. The mechanic looks for bad news that can be discovered with out taking each bolt and washer apart on the vehicle. The patent searcher can look for prior art, in the searcher's native language, on computer databases all through the world. Nevertheless, the patent searcher is not likely to be aware of a single copy of a Swahili-language doctoral thesis sitting on a library shelf in Tajikistan. Therefore, care ought to be taken to have a extremely good searcher involved with an understanding that looking must attain as far as feasible but at some point should attain a limit.
Rookie inventors sometimes do their own patent search and claim that they discovered "nothing like it" regarding their invention. The reality that they are missing is that their search was not competent. Whilst there is no way to discover each single piece of prior art throughout the universe, there also is no way to search adequately and not find at least some things that are associated to the invention.
Another problem for novice inventors is discovering barring prior art after performing an sufficient search prior to filing a patent application. The reality is that a patent searcher can only discover what is publicly accessible. If a search is performed on February 1st and the patent application is filed on April 30th, the patent office examiner might come up with prior art that only published on February 2nd.
Unfortunately, it is rather common 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 great news is that the poor news is discovered prior to spending time and cash on preparing and filing the patent invention that would have been rejected promptly. The take house for the inventor losing out on a patent search is that the inventor now has a thorough evaluation of the prior art, which ought to be helpful to learn additional aspects that can be incorporated into improving the invention. The inventor can now brainstorm with a concentrate on significant novel elements of the invention above the prior art.