Simple English definitions for legal terms
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A patentability search is when an inventor looks at what already exists in a certain field to see if their invention can be protected by a patent. This is different from an infringement search, which looks at whether someone else's invention is similar to the inventor's, and a validity search, which looks at whether an existing patent is valid.
Definition: A patentability search is a type of research conducted by an inventor to determine whether their invention is eligible for patent protection. This search involves examining the state of the art in the relevant field to determine whether the invention is novel and non-obvious.
Example: For example, if an inventor has come up with a new type of smartphone case, they would conduct a patentability search to determine whether there are any existing patents for similar products. They would examine the state of the art in smartphone case design to determine whether their invention is novel and non-obvious enough to qualify for patent protection.
Explanation: The example illustrates how an inventor might conduct a patentability search to determine whether their invention is eligible for patent protection. By examining the state of the art in the relevant field, the inventor can determine whether their invention is novel and non-obvious enough to qualify for a patent.