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The second step to patenting an invention is the patentability study or patentability search. This is an evaluation and analysis that leads to a determination (opinion) of whether any claims of an invention may be patentable. In other words, a patentability search answers this question: does the invention meet the 4 patentability criteria?
In a patentability study, relevant prior art is reviewed to evaluate whether the claims of an invention are patentable. If any combination of prior art documents discloses an invention, then it is likely not patentable. However, U.S. law does permit exceptions. Read more about what is considered 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: Thorough searching is essential for proper application writing. This is because thorough searching leads to finding the most relevant and similar existing claims, which guides successful claim writing. Further, well written claims improve the protection the patent provides.
Carson Patents®
Our 3-Part Patentability Study Process
You might be wondering, “Is my invention patentable?” You can find out through a patentability study, which results in a determination of whether what is claimed in an invention is patentable. In other words, it tells you whether you can 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 the claims of an invention are patentable. This evaluation can be completed for any new invention or idea. Read about how a comprehensive patentability search can help safeguard your inventions.
(1) Analysis Using Relevant Prior Art
Through a prior art search or patent search, we find all the products and inventions similar to your invention. Then, we determine the prior art that is most relevant to the claims of your invention. We then compare your invention to the relevant prior art. This is to determine whether the claims of your invention meet the 4 patentability criteria. Specifically, relevant prior art is reviewed to determine whether the invention is: 1) patent eligible subject matter; 2) useful; 3) new; and 4) non-obvious.
(2) Reasoned Opinion (Written Report) on Patentability
Based on the results of the prior art search and analysis, we reason an opinion on whether the claims of the invention are patentable and write a formal report. The written report explains whether the claimed invention meets the 4 patentability criteria and whether it may have patentable claims. Specifically, the patentability study report includes the reasoning for conclusions on whether or not the claims are patentable.
(3) Video Consultation Review
When conducting a patentability study, Carson Patents provides a Zoom video consultation in addition to the signed written patentability report. During the consultation, we will discuss the results and reasoning with you, consider and respond to your questions, and advise you on next steps. 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 the formal written patentability report with an Information Disclosure Statement to use with a patent application. This can lower the cost of patent application writing. Contact us when you are ready to begin the steps to patent your invention or idea.
Entrepreneur Tip: A patentability study can also be completed for an issued patent to question the validity of the patent. Read more about questioning patent validity.
3 Important Details – The Fine Print
- During the patentability study, 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.
- 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 with writing and filing a patent application for those inventions which we reasonably believe, in good faith, are patentable.
What Does Non-Obvious Mean for Patents?
Non-obvious means not obvious. In order for an invention to be patentable, it must not be obvious. An invention is obvious if a “person having ordinary skill in the art” of making such items could use the prior art to combine existing things and make your device. A person having ordinary skill in the art of your invention is the usual person that you would go to for things in that art. Read more about what art means for an invention. Prior art can be anything in print or available on the internet in any country or language. Read more about what prior art means.
If a person having skill in the art of your invention could use what is available in the prior art to make your invention, the invention is likely obvious. Your invention is obvious if there are any number of prior art references that, when combined, would result in what is essentially your invention. In other words, an invention is non-obvious if it is not disclosed in the prior art or obvious from what is disclosed in the prior art.
Non-obviousness is one criterion for patentability. A patentability study is key to determining whether your invention is non-obvious.
Other Studies — Freedom to Operate, Infringement, and Clearance Studies
There are other evaluations involving a patent search that can help you comply with intellectual property laws. If you plan on developing your invention into a product, process, or service and launching it on the market, we recommend looking into freedom to operate studies, infringement studies, and clearance studies. These studies can help you avoid infringing on the intellectual property rights of others and violating patent laws during the development and launch of your product, process, or service.
Carson Patents offers all three of these evaluation services. Read more about our freedom to operate analysis, infringement analysis, and clearance analysis services.
Patentability Evaluation Help Available Online
Conducting a patentability study helps you determine whether the claims of your invention meet the 4 criteria for patentability. A comprehensive evaluation can also enhance the scope of protection offered by a potential patent by refining the claims of the invention, which additionally provides aid during the patent application writing and patent prosecution stages.
With Carson Patents, expert online help is available from anywhere around the world. From conducting prior art searches to prosecuting patent applications, we can assist with every aspect of your patenting process. We provide help with patenting services starting at $1,600 ($1,200 if you find the discount deal page on our site). Schedule a free patent consult with us to learn more about our services.
We offer a 25% discount on patent application services (excluding USPTO filing fees) for veterans, active duty personnel, and their families. Learn more about our exclusive veteran discount. Additionally, we accept equity interests and contingency fee arrangements for providing patent application services on a case by case basis. Learn more about equity and contingency fees.
Please note our policy on invention confidentiality. Invention disclosures to patent practitioners are covered by client controlled privilege.
Inventor Tip: When looking for expert patenting services, seek the help of a licensed patent practitioner. Only a registered patent attorney or patent agent can prosecute patents for you.