Legal Definitions - patentability search

A patentability search is a thorough investigation conducted by an inventor or their legal representative to determine whether a new invention meets the legal criteria required to be granted a patent. This process involves examining existing technologies, products, and published information—collectively known as "prior art"—to assess if the invention is truly novel (new), non-obvious, and useful. The goal is to identify any existing patents, patent applications, or public disclosures that might prevent the inventor from obtaining patent protection for their invention.

Here are some examples illustrating a patentability search:

• Example 1: Innovative Software Algorithm

  A software developer creates a unique algorithm designed to significantly improve the efficiency of data encryption for cloud storage. Before investing substantial resources into a formal patent application, the developer hires a patent attorney to conduct a patentability search. This search involves meticulously reviewing databases of existing software patents, published academic papers on cryptography, and publicly disclosed algorithms to determine if any prior art exists that closely resembles or anticipates their invention. The findings from this search will help the developer understand the likelihood of their algorithm being considered novel and non-obvious enough to secure a patent.

• Example 2: Advanced Medical Device

  A team of biomedical engineers designs a new type of surgical tool that allows for minimally invasive procedures with greater precision than current instruments. Believing their design to be groundbreaking, they decide to perform a patentability search. They focus their investigation on existing medical device patents, scientific journals detailing surgical techniques, and product catalogs from medical equipment manufacturers. The purpose of this search is to confirm that their tool's unique features, such as its specific articulation mechanism or material composition, have not already been patented or publicly described, thereby assessing its eligibility for patent protection.

• Example 3: Sustainable Packaging Material

  An inventor develops a novel biodegradable packaging material derived from agricultural waste, aiming to offer a more environmentally friendly alternative to plastics. Before seeking investors or beginning large-scale production, the inventor conducts a patentability search. This involves searching through patents related to biodegradable materials, sustainable packaging solutions, and waste-to-product technologies, as well as scientific literature on bioplastics and composite materials. The search helps the inventor ascertain whether their specific combination of raw materials, manufacturing process, and resulting material properties is sufficiently distinct and innovative to qualify for a patent, or if similar solutions already exist in the public domain.