If you’re wondering how to properly format your patentability search report, or what to expect from a novelty search, you’ve come to the right place. We’ll cover what a novelty search entails, how to pay for it, and what the value is to you. Ultimately, your patent will be more valuable and harder to challenge if you have this information. If you’re considering hiring a patentability search firm, read on to learn more.

A novelty search also known as a Patentability Search is used to determine if an invention is new and unique.  It is performed before an inventor files a Patent Application by searching for prior art.

When it comes to obtaining a patent on your invention, there are three requirements that are absolutely key: the invention must be:

  • novel
  • useful and
  • non-obvious.

Prior arts similar to the invention are identified and analyzed in order to compare the invention with it. This allows you to better draft your patent claims. Sometimes, this search can be used to plan future research by analyzing the results of research done before. Non-patent literature (research papers publications) is recommended in addition to patent searches, especially if the purpose of the search involves assessing the novelty of the invention.

how to properly format your Novelty search report

If you’re interested in applying for patent protection to your invention, a patent search report will be important. This report provides a list all patents that are identical or similar to your invention. This report will give you a better understanding of your invention and help you determine if your invention meets all the requirements to be patentable.

Most patentability search reports are organized under several headings. The main sections are:

  • Search overview
  • Detailed data and information, and
  • Search results and assumptions.
  • A summary of the findings.
  • The relevant literature, and
  • A summary of the invention disclosure
  • All relevant technical and non-technical publications
  • Documentation published prior

Novelty searches should not be restricted by jurisdiction, since novelty and non-obviousness criteria are absolute globally. The search report format should also include keywords, key-feature, database methodology, and patent mapping per key-feature.

A novelty search report is a valuable tool for determining whether or not an invention is patentable. A patent must be novel, useful, and not obvious to someone skilled in the art. A patentability search can help an inventor decide if it is worth the time and money to draft a patent application.

By finding relevant information about your invention, it is possible to draft more claims that allow you to focus on the novelty points. This will increase your chances of obtaining a patent.

By finding relevant information about your invention, it is possible to draft more claims that allow you to focus on the novelty points. This will increase your chances of obtaining a patent.

By conducting your own research before filing an application for a patent, you can avoid any changes and preserve the doctrine of equivalents. It is useful in the event that you have to go to court. This forbids your inventors using similar inventions.

Patents can only be granted for useful inventions that are new, and non-obvious under the law. Before you can file your patent application, the first step is confirm that your invention is patentable. Below are steps to follow:

Step 1: Identify what is novel of the invention

You can list the novel features. This list helps you to create the keywords and determine the best search strategies.

Step 2: Formulating the right keywords

Doing basic research on the invention is essential so it is easy to find keywords and synonyms. This will ensure that prior art search is complete and that no important prior art is overlooked during the search.

Each patent office has its own patent database that includes published applications and granted patents. Some of the most popular databases online resources to help you do your research are:

  • FreePatentsOnline
  • The USPTO Patent Database
  • Google Patents
  • Espacenet
  • Patent Lens
  • Delphion
  • Thomson-Reuters Patent Web
  • PatentMax
  • PatBase

Look at the tutorials available for any research tool you are using to maximize your use of it. Use all keywords that may be relevant to your invention when doing research.

These databases are free to search. There are however, more extensive databases that can be searched, which can be paid. These databases will be used to search for relevant prior art. Otherwise, the searcher should focus on keywords and search string formula.

Step 4: check for prior art and categorizing them according to similarity to the invention

When performing patentability searches, the entire patent specification must be read, with particular emphasis on patent claims/embodiments, and classified as the most relevant pre-art . 

Step 5: Compare between the prior art and the novel elements of the invention

Each novel element shall be compared with the prior art and the invention shall then be evaluated for patentability.

Step 6: Evaluate to determine if the idea is within the category of inventions that are not patentable

The invention must meet the 3 conditions for patentability: useful, novel and non-obvious. The patent law has many provisions that must be reviewed in order to determine whether the invention is patentable and give an opinion.

Before deciding whether to file for a patent, it is essential to conduct a novelty search. If the search uncovers similar or identical prior art that is very close to the invention the inventor can improve the invention in order to reduce objections to the grant.

Professionals have different methods of charging for patent research.  In most cases the pricing of a novelty search is determined by:

  • Complexity of an invention or search request
  • Type of search ordered: invalidity, infringement, novelty, etc.
  • Researched technology area: Number of published patent applications/patents granted
  • Time needed to do the search
  • Researched the number of countries and patenting authorities.

A novelty search for inventions that are based on electronics, software or business will cost between $700 and $900.  The cost of chemical, biotech and medical inventions will be between $700 and $1400.

search bar

Patent applications are often rejected due to prior art. Conducting a novelty search is one way to ensure that your invention is new and not in the public domain. The results of your search can also help you identify competitors and their products. In some cases, the results of your search can lead to better claims or even when it comes to patent licensing.

Depending on the complexity of your invention, the scope will vary. One day is usually sufficient to get a thorough scope, but if your invention is highly complex, the search may take longer. If you need a more comprehensive search, you can also request a wider scope that charges by the hour. In general, a broader scope will yield better results. But it is always best to know the scope of a novelty search before you proceed.

A novelty search can reveal a number of published references that are already common knowledge. While this can be useful in some cases, it will most likely reveal a patent that was already in use prior to yours. Moreover, a novelty search can reveal similar inventions and patents, allowing you to contact the original inventors. This information can help you decide whether your invention is truly new.

A novelty search is required for inventions, and it is one of the best ways to protect your idea. Also, patents do not become public until at least 18 months after they’re first filed. If you want to avoid making unnecessary payments, you can opt for a novelty search.

A novelty search involves looking through prior art to determine whether your invention is new and novel. Prior art is all information that was previously published, in the public domain, or related to existing technology. Patent examiners use this information to determine whether your invention is eligible for patent protection. For example, the basic wooden pencil is prior art, but a mechanical pencil is not. A novelty search can identify relevant prior art, and allow the examiner to speed up the examination process by the concerned intellectual property office.

This process is based on the notion that a novelty search is a shortcut to achieving a goal. This approach rewards finding the best novelty, and discards intermediate steps. Rather than searching the entire behavior space, the novelty search will identify hot spots that have a higher likelihood of reaching the goal. In doing so, the novelty search will be able to reveal a wide variety of niches and benefits, and will be much faster.

Failure to conduct one can cause your patent application to be rejected. An opponent may even attempt to challenge the validity of your patent in order to avoid paying royalties. Performing a novelty search can help prevent this problem by saving you money on royalties and potential income. Ideally, the novelty search should be performed early in the patent application process, even before the finalization of the patent registration.

The novelty search can uncover prior art that matches your invention. This may prevent future litigation and save the inventor money by not having to file a patent application for the same idea. In addition, it can inspire the inventor to modify their idea or pursue a completely different invention. In either case, the novelty search is valuable and can save you time and money. While there are many benefits to performing a novelty search, there are risks involved. The search company may have access to confidential information.

While performing a novelty search is not mandatory, it is a worthwhile investment. In addition to confirming your patent’s novelty, it can also help you determine the competitiveness of your idea. This will ensure that your resources are properly utilized. While it may seem like a tedious process, it is worth the cost to ensure that your innovation is truly novel and valuable. When you consider the financial and time value of this process, it is well worth the expense.

Now over to you

The preparation of a Patent Search Report is optional for applicants in order to file patent applications. But it is strongly recommended to reduce the possibility of the applicant incurring unnecessary costs.

Anyone can prepare a Patent Search Report and conduct a patent search, even the applicant. However, it is always a good idea to hire a patent attorney to complete the task. Because patents are complex technical-legal documents that require skills to analyze and complete the task.

At PatentPC we are a team of professionals with extensive knowledge in the field and can offer the right advice to meet the client’s needs.