How to Conduct Patent Novelty & Patentability Search in India?
Novelty and Patentability Search is a prior art search often conducted to determine if an invention meets the criterion of patentability in terms of novelty and non-obviousness. In Novelty Search, it is necessary that all the features of the independent claims should be described within a single document. If identical features are found in any previously published patents, scientific papers, or technical literature, the invention may not be considered novel, and modifications might be necessary before proceeding with a patent application. Further, an invention should not only be new but must also involve a sufficient inventive step, meaning it must not be an obvious improvement based on existing knowledge.
Novelty & Patentability Search can be helpful in:
- Providing clarification of whether an invention is new: Helps innovators determine if their idea is truly original or if similar inventions already exist
- Evaluating invention disclosures: Assists companies and researchers in assessing whether their disclosed invention holds merit for patent protection.
- Assessing the inventive merit of new products: Helps identify whether an invention meets the requirement of an inventive step, ensuring that it is not merely an obvious variation of existing technology.
- Providing clarification of whether to file patent application: Provides valuable insights into the likelihood of obtaining a patent, allowing applicants to make informed decisions before incurring filing costs.
- Distinguishing between state of the art and inventive step: Enables inventors to understand the current technological landscape and determine whether their innovation contributes something substantially new to the field.
Ultimately, a well-executed Novelty and Patentability Search in India can save inventors significant time, money, and effort by providing an early and realistic assessment of an invention’s patentability prospects, thereby guiding strategic decisions in the innovation lifecycle.