Patent Prior Art Search and Patentability Evaluation Services
Step 1: Search
The first step to patenting, patent search services, includes two parts. The first part is the patent or prior art search service. The second part is the patentability evaluation.
Part 1 of 2: Prior Art Search: A prior art search is research to find all the products and inventions similar to an invention that you want to patent.
Part 2 of 2: Patentability Evaluation: A patentability study (determination) for a utility patent is focused on “how to make it” not being disclosed in the prior art.
Part 1 of 2 – Prior Art Search
A prior art search is research to find all the products and inventions similar to an invention that you want to patent. It is done to determine if the invention is disclosed in the existing patents, patent applications, and non patent literature from around the world. Disclosed means describing how to make and use the invention. The prior art search is done to find out whether the invention (or an obvious precursor) is already known somewhere in the world.
Part 2 of 2 – Patentability Evaluation
A patentability evaluation is a patentability study of an invention’s claims based on the prior art. The patentability evaluation service includes an opinion whether or not an idea or invention is new and patentable. The prior art documents from the search are studied in evaluating the idea or invention claimed. The opinion of novelty and non-obviousness is based on the prior art. The reasoning and rational for the opinion are provided as part of this patenting service.
The novelty or patentability evaluation patenting service is best done before the inventor files a patent application. Carson Patents® always starts with our expert professional prior art search and patentability evaluation before proceeding to write an application. If the invention is not patentable, we do not proceed to to the next step, writing a patent application.
Note: All prior art searches from Carson Patents® can include a completed Information Disclosure Statement (IDS). An IDS is a required submission for your patent application. Contact us for prior art searching to start the steps to patent for your invention or idea. Utility patents can be complex we recommend seeking help from a registered practitioner.
Important TIP: Proper searching is essential to good patent specification writing. Specifically, searching guides good claim writing by finding existing similar claims. Further, well written claims improve the protection the patent provides.
What does “novelty” mean?
In order for an invention to be patentable it must be new. Novelty for an invention comes from patent law 35 U.S.C. §102.
35 U.S.C. 102 Conditions for patentability; novelty.
(a) NOVELTY; PRIOR ART. – A person shall be entitled to a patent unless – (1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention, or (2) the claimed invention was described in a patent issued or in an application for patent published or deemed published, in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.USPTO Manual of Patent Examining Procedure
In other words, novelty means an invention cannot already exist and it is not described (disclosed) in the prior art. Contact Carson Patents® to start the steps to patent with a prior art search and patentability study for your invention.
What does “non-obvious” mean?
In order for an invention to be patentable, it must be non-obvious. An invention is obvious if it would be “obvious to one skilled in the art” of making such items to combine prior art (existing things) to get your device. An invention is obvious if there are any number of prior art references that, when combined, would result in essentially your invention.
In other words, an invention is non-obvious when it is not disclosed in the prior art. Contact Carson Patents® to start the steps to patent with a prior art search and patentability study for your your invention.
Important TIP: Once an application is submitted, you cannot add any “new matter” to it. You must file a new application or a continuation in part (CIP) if you need to add any drawings or description to support your claims after your initial filing.
Patentability is a combination of two evaluations. The first is a determination of whether an idea or invention meets the criteria to be patentable. In other words, is the invention patent eligible subject matter? The second evaluation, is a three part determination. Firstly, whether it exists in the prior art. Secondly, whether it conflicts with another invention or idea. And, thirdly, whether it would be obvious to try for a person having ordinary skill in the art. Contact Carson Patents® for a prior art search and patentability evaluation for your idea or invention.