Patent Prior Art Search and Patentability Evaluation Services
For design and utility patents, the first step to patenting includes two parts. The first part is the patent, or prior art search service. And, the second part is a patentability evaluation. Back to Steps | Utility Patents.
Step 1: Search
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. Back to Steps | Utility Patents.
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. Back to Steps | Utility Patents.
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. Start the steps to patenting for your utility invention or idea contact us.
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 patenting 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. Searching guides good claim writing by finding existing similar claims. 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, as defined in the patent law, provides that an invention cannot be patented if:
- “(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.”
In other words, novelty means an invention is not found in the prior art. Contact Carson Patents to start the steps to patenting with a prior art search and patentability study for your utility or design 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 patenting with a prior art search and patentability study for your your utility or design 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.
New Matter is content not found in either the written description or drawings, involving a departure from or an addition to the original disclosure. It cannot be added to the application even if supported by a supplemental oath or declaration. New matter can only be shown or claimed in a separate application.
Important Tip: When looking for expert prior art search services from a Patents Firm/Office – only Patent Attorneys, and Patent Agents can prosecute patents. Contact Carson Patents for your inventions Patent Practitioner help.