Novelty/ Patentability Search

MEANING:

Novelty Search is the comprehensive search after the prior art search for the invention of new subject matter that is to be patented and also for searching whether the invention has been disclosed publicly or not. It is also known as PATENTABILITY SEARCH. Its main aspect is to search for the novelty and non-obviousness of the patentability.

A patentability search is to be done at a basic stage of innovation and development and before filing the patent application. It helps in saving finance i.e. reduces the chance of unnecessary wastage of money. It is mainly done by Patent Search Professional at the request of the inventors.

EXAMPLE:

Dr Asha, a researcher developed a biodegradable polymer from agricultural waste that degrades within 30 days, intended as an eco-friendly alternative to plastic packaging. To ensure her invention is novel and non-obvious, Dr. Asha hires a Patent Search Professional for a patentability search before filing a patent application. The professional searches patent databases (e.g., USPTO, WIPO) and patent literature using keywords like "biodegradable polymer", "agricultural waste-based polymer," and "biodegradation in 30 days," along with Boolean operators (AND/OR/NOT) and IPC classifications. The results reveal prior art on biodegradable polymers but none combining her unique raw materials and properties, confirming the invention's novelty and potential patentability.

WHAT IT INCLUDES?

• Advanced Keyword Search: Involves using specific technical terms, Boolean operators, and synonyms to find relevant prior art in patent databases.

• Classification Search: Focuses on searching patents based on their assigned IPC or CPC codes to identify relevant inventions in the same technological field.

• Assignee or Company Name Search: It involves patents assigned to a particular entity (e.g., a company) to identify their entire portfolio or relevant prior art.

• Search on Different Databases: It includes conducting research across multiple patent databases (e.g., USPTO, WIPO, EPO) to ensure a comprehensive review of potential prior art.

• Market Search: It Involves searching for products, technologies, or innovations in the market to identify commercialized versions of an invention or similar technologies.

• Search on Given Formed/Background Reference of Prior Art: It Involves searching using known references or background information from existing patents or publications to find related prior art or disclosures.

BASED ON THIS SEARCH, THE PATENT PROFESSIONAL CREATES A PATENTABILITY SEARCH REPORT WITHIN A WEEK.

Three types of opinions can be represented in the report. They are-

1. NEGATIVE OPINION: If the Patentability search report is not novel in nature, the opinion should be not to file any application based on the invention.

2. NEUTRAL OPINION: If the Patentability Search Report has a fair chance of winning the patentability except on some aspects then on rectification of those aspects, it may turn out to be true and novel.

3. POSITIVE OPINION: If the Patentability Search Report is novel and non-obvious in nature, hence is good to win the patentability protection.

Novelty should be global even if the patent protection is specified for a specific geographical area. It also resolves any awaited problem that prior art fails to solve; which may result in strong evidence against the novelty or non-obviousness of the invention.

EXAMPLE:

Dr. Ravi invented a new insulin delivery device that works faster than existing devices. There are similar devices that are patented in the US and Europe but they don’t solve the issue of slow insulin release. His innovation addresses this problem which makes it novel. Even though the prior patents existed, Dr. Ravi's solution is considered new because it resolves a problem the earlier inventions could not.