Patent Step 2: Patentability Study
Patent Step 2: Patentability Evaluation: The second step to patenting an invention is the patentability evaluation service. The patentability study is an evaluation and analysis that leads to a determination (patentability 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 anything available. The claimed invention is then evaluated for patent eligible subject matter. Both the novelty and non-obviousness of the invention or patent document are evaluated. If any combination of prior art documents disclose an invention, then it is not likely patentable. In other words, disclosed means describes, or shows, how to make and use the invention. U.S. law does permit exceptions. A patentability study by a patent practitioner is recommended.
Patentability Study Details
Any patentability study undertaken by Carson Patents includes the prior art search and a written report. The written report explains whether or not the claimed invention or patent document has patent eligible subject matter. Moreover, the report includes the reasoning for conclusions on whether the claims are patentable.
Carson Patents also provides a consultation to discuss the study with you, consider your questions, and advise you on steps forward. In addition, our patent search specialist will keep your patentability study/opinion confidential. Contact us to start the steps to patent with a utility patent, plant patent, or a design patent application for your invention or idea.
A Clearance Study leads to a determination as to whether an activity conducted without authority will infringe any valid or enforceable U.S. patent claims for a product or process. 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 a patentability evaluation/determination. Contact us for a clearance study or to start the steps to patent with a utility patent, a design patent, or a plant patent application for your invention or idea.
Freedom to Operate 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. Additionally, a Freedom to Operate Study by Carson Patents includes a report and/or consultation about the opinion and reasoning. This study also includes the evaluation, a determination (reasoned opinion), and a report. This study can also include a patentability evaluation/determination. Contact us for a Freedom to Operate study or to start the steps to patent with a utility patent, a design patent, or a plant patent application for your invention or idea.
Patent Help Available
Patent help for patentability, infringement, and freedom to operate analysis services starting at – $799.