Patent Steps Menu
The second step to patenting an invention is the patentability study or evaluation. This is an evaluation and analysis that leads to a determination (opinion) whether or not any claims of an invention may be patentable. The prior art is reviewed to evaluate whether the claims of an invention are patentable. In other words, does the invention meet the 4 patentability criteria. If any combination of prior art documents discloses an invention, then it is not likely patentable. U.S. law does permit exceptions. Read more what is patentable in our article “What Does Patentability Mean?”
Our USPTO registered patent attorney recommends a professional patentability evaluation by a licensed patent practitioner before applying for a patent for your invention. Schedule a free patent consultation to get started.
Inventor 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.
Carson Patents®
Patentability Study Details
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. Our usual invention patent eligibility study includes both a prior art search and a written opinion of whether or not the claims of an invention are patentable. The patentability study can be completed for any new invention or idea.
Relevant Prior Art is Reviewed
The claims of the invention are compared to the prior art to determine whether the claims of the invention meet the 4 patentability criteria. Specifically whether the invention is: 1) patent eligible subject matter; 2) useful; 3) new; and 4) not obvious. Finally, we reason an opinion of whether or not the claims of the invention or patent document are patentable and write a report.
Reasoned Report Written Opinion if your Invention is Patentable
The written report explains whether or not the claimed invention meets the 4 patentability criteria and whether or not it may have patentable claims. Specifically, the patentability study report includes the reasoning for conclusions on whether or not the claims are patentable.
Video Consultation Review of Findings
When conducting this service, Carson Patents provides a signed written patentability 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, we will keep your patentability study and determination (opinion) confidential.
- Inventor Tip: 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 when you are ready to start the steps to patent for your invention or idea.
- Entrepreneur Tip: The patentability study can also be completed for an issued patent to question the validity of a patent. Read more about questioning patent validity.
3 Important Details – The Fine Print
- 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.
- 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 for a Clearance Evaluation?
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 in a Clearance Study for your Product
All clearance studies conducted by Carson Patents include a report and/or consultation about the opinion and reasoning for the determination of there is infringement or potential for infringement. A clearance study includes an evaluation and a determination (reasoned opinion) in addition in a written report. The clearance study will also include an evaluation/determination for patenting potential for your product. Contact us for a clearance study to find out whether or not an product selling 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.
Entrepreneur 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..
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 – $1,600. ($1200 if you find the discount deal page on our site.)
Invention confidentiality. Invention disclosures to patent practitioners are covered by client controlled privilege.
Inventor Tip: When looking for expert patenting services help only a patent attorney or patent agent can prosecute patents for you.
