Patentability Study: The second step to patenting an invention is the patentability study or evaluation service. This service is an evaluation and analysis that leads to a determination (opinion) whether or not any claims of an invention, or in a patent or patent application, may be valid. The prior art is reviewed to evaluate whether the claims of an invention or patent document are anticipated by what is available. Both the novelty and non-obviousness of the invention or patent document are evaluated. If any combination of prior art documents discloses an invention or patent document, then it is not likely patentable. U.S. law does permit exceptions.

Carson Patents recommends a professional patentability evaluation by a licensed patent practitioner before applying for a patent for your invention.

New for 2023: Carson Patents can write and file accelerated examination patent applications under the USPTO’s Accelerated Examination Program for both utility and design patent applications. This USPTO program is meant to get to a final decision regarding allowance and issue, or rejection, within 12 months by adding a pre-examination search, an accelerated examination support document (AESD), and an examiner interview with the patent examiner.

Important Tip: Good searching is essential to proper application writing. Specifically, searching guides good claim writing by finding existing similar claims. Further, well written claims improve the protection the patent provides.

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Patentability Determination – Patentability Study Meaning

A patentability study is a determination whether what is claimed in an invention is patentable. In other words, can you get a patent for the invention studied. Any patent eligibility study undertaken by Carson Patents includes a prior art search and a written opinion of whether or not the claims of an invention or patent document are patentable. The patentability study can be completed for a new invention or idea. Alternatively, this study can be completed for an existing patent or patent application.

What is Included in a Patentability Evaluation

We perform a full prior art search covering the claims of the invention or idea or patent document. Then we evaluate and compare the claims of the invention or patent document to what is in the prior art. Finally, we reason an opinion of whether or not the claims of the invention or patent document are patentable and write a report.

The written report explains whether or not the claimed invention or patent document meets the patentability criteria and whether or not it may have patentable claims. Moreover, the patentability study report includes the reasoning for conclusions on whether or not the claims are patentable.

What you get

You get a written report and at least one consultation. When conducting this service, Carson Patents provides a signed written report and a consultation. During the consultation, we will discuss the results and reasoning with you, consider and respond to your questions, and advise you on steps forward. In addition, our patent search specialist will keep your patentability study and determination (opinion) confidential.

If the evaluation (patentability study) is being completed for a new invention, we can substitute completing an Information Disclosure Statement to use with a patent application instead of writing a formal written report to tell you the invention is patentable. This can lower the cost of patent application writing. Contact us to start the steps to patent for your invention or idea.


  • The claimed invention or the subject of the patent document is evaluated to determine if it is patent eligible subject matter and meets the criteria for patenting using the broadest reasonable interpretation (patentability study).
  • The word “disclosed” means that the invention is discussed, described, or shown in the prior art such that a person having skill in the art would know how to make and use the invention from the prior art.
  • Note: Carson Patents will only proceed to writing and filing a patent application for those inventions that we have a reasonable good faith based belief are patentable.

Product Clearance Study – What is a Clearance Study?

A clearance evaluation leads to a determination as to whether or not an activity conducted without authority will infringe any valid or enforceable patent claims for a product or process. This service is conducted by individual country. We provide clearance studies for the United States (U.S.). We can provide a clearance opinion for other countries if requested. Please note, however, that our patent attorney is only licensed in the U.S., and we would recommend seeking the services of a patent attorney specifically licensed in the country where you are seeking clearance to operate.

What is an Activity

What is an activity? An activity is, for example, whether or not a competitor’s product or process is infringing on your protected products or processes. Like a patentability study when trying to figure out how to get a patent, a clearance study is a reasoned opinion whether or not the activity infringes.

What you Get

All clearance studies conducted by Carson Patents include a report and/or consultation about the opinion and reasoning. A clearance study includes evaluation and determination (reasoned opinion) in addition to a report. The clearance study can also include an evaluation/determination for patenting potential. Contact us for a clearance study to find out whether or not an activity is infringing.

Freedom to Operate Study – Infringement Study

A Freedom to Operate Study leads to a determination as to whether you are free to operate (e.g. make, use, and sell a product or activity in the U.S.) without infringing upon any valid or enforceable U.S. patent claims. Importantly, like the clearance study, freedom to operate is done by country. We provide freedom to operate studies for the U.S. We can provide a freedom to operate opinion for other countries if requested, however, please note that our patent attorney is only licensed in the U.S. We would recommend seeking the services of a patent attorney specifically licensed in the country where you are operating or planning to operate.

Additionally, a freedom to operate analysis by Carson Patents includes a written report and/or a consultation about the opinion and reasoning. This service includes an evaluation of the product or process, a determination (reasoned opinion) of whether or not there is freedom to operate, and a written report. This service can optionally include an evaluation/determination for potential patenting.

Important Note: In addition to new inventions, businesses frequently have freedom to operate studies conducted on new products. This is done to ensure the new product does not infringe on the products of others. Contact us to find out if you are free to make, use, and sell a product or conduct an activity in the U.S..

Determining Patentability
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Patentability Evaluation Help Available Online

Expert online help is available from anywhere around the world. Patent help for patenting, infringement, clearance, and freedom to operate analysis services starting at – $1,200.

Patent Confidentiality. Invention disclosures to patent practitioners are covered by client controlled privilege.

Important Tip: When looking for expert patenting services help only a patent attorney or patent agent can prosecute patents for you.