Tips for Patentability Looking6029682
Persons new to filing patent applications frequently have basic concerns concerning patent searches. Ought to an inventor do a patent search? Is a patent search required? Does it matter when a patent search is carried out? What occurs when absolutely nothing is discovered? What ought to 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 perform a patentability search prior to filing a patent application. Some rookie inventors are confused by the requirement that IF a search is done and relevant prior art is found, that relevant prior art should generally be disclosed to the patent examiner or the inventor may be accused of fraud. Note that nonetheless, a prior art search is not needed, 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 absolutely nothing withheld from the patent office, as the inventor by no means had the bad news to reveal. Also, waiting for patent search outcomes and later creating needed invention modifications has can delay a race to the patent office. Certainly, when the U.S. Patent Workplace switches to a initial-to-file system in March 2013, promptly filing patent applications will turn out to be much more essential.
However, the patent workplace does do its personal patentability searches. So at some point the inventor might find out the bad 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 first 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 problems, then they can exploit the technology with impunity with out paying one dime.
Certainly, an inventor should think about the patentability search as similar to having a mechanic evaluation a utilized car before purchase. While the mechanic will not guarantee that the car will not break down, you will surely find out if there are any clear mechanical problems before you commit to purchasing the car, registering it, and sustaining 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 before committing to filing a patent application (registering) and paying thousands of dollars in upkeep fees to preserve the life of the issued patent.
Just like the reviewing mechanic can't guarantee that the car will last forever, a patent searcher cannot assure that no prior art exists that could block getting a patent. The mechanic appears for poor news that can be found with out taking every bolt and washer apart on the car. The patent searcher can appear for prior art, in the searcher's native language, on pc databases throughout the globe. Nevertheless, 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 ought to be taken to have a very great searcher involved with an understanding that looking must reach as far as feasible but at some point must reach a limit.
Rookie inventors sometimes do their own patent search and claim that they discovered "absolutely nothing like it" concerning their invention. The reality that they are missing is that their search was not competent. While there is no way to find every single piece of prior art all through the universe, there also is no way to search adequately and not discover at least some things that are related to the invention.
An additional issue for novice inventors is finding barring prior art after performing an adequate search prior to filing a patent application. The reality 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 office examiner may come up with prior art that only published on February 2nd.
Sadly, 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 bad news is found before 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 review of the prior art, which ought to be helpful to discover further aspects that can be incorporated into improving the invention. The inventor can now brainstorm with a focus on significant novel elements of the invention above the prior art.