Patentability Search

Missing out on the search can make you lose your Inventions!

Patents, exclusivity rights to the owner of the creation of its Intellectual Property, grants protection from unauthorised usage. However, the validity of an invention to get a patent is upon patentability, which provides a series of pertinent legal conditions. So, it is a requisite to understand the rudimentary principle and criteria for an innovation to get Patentable.


The foremost aspect that an innovator always considers is to make their creation patentable, and by aligning to the standard benchmarks, they assert the eligibility for a patent. Hence, the eligibility to which one equates the establishment is to be considered patentability.

To know whether the particular creation fulfils the aspects of patentability is through the criteria established according to the Jurisdictions.

Criteria of Patentability

For some states, the criteria could be different depending on the laws imbibed by them. However, several standards are common to all that divulge the presence of requirements in a process or a product.

Subject Matter

As per the Indian Laws, there are a few specifically non-patentable matters, declaring that other than these topics, an innovation falls under the pretext of patentability.

Mere discovery, literary or artistic work, presentation of information, the discovery of non-living or living things, new form of an old compound, mere arrangement or re-arrangement of old devices and so on are excluded from the list of inventions that are eligible for patents.


This category includes the aspect of uniqueness, stating that invention should not be amongst the already available documents, patents, literature, or any other form.


The Obviousness spectrum should not be a part of the invention, and it can be ascertained from the solutions offered to a problem or process by the persons skilled in that domain.

Incorporates Industrial Application

The last pointer that shall be a part of eligibility for being patentable is its application in the industrial domain. The invention should have the capability of being manufactured or disturbed in the market for further use or upgradation of already existing methods.

From the above pointers, we understood the criteria for defining the eligibility of patents. However, there are methods designated to the search defining patentability for specific creations.

What is Patentability Search?

The process of granting the protection of a patent for innovation involves the approval of the Patent authority. However, before filling the application to designated authorities, the responsibility of the person applying is to assess the patentability on its end to minimise the grounds for rejection after submission.

Through patentability search services, one could determine the invention’s ‘patent eligibility’ domain. An in-depth or Extensive search is involved in this process and imbibes relevant, related, and Distantly related aspects disclosing any reference related to the innovation.

The Patentability search is not specific to a jurisdiction and is to be looked at a worldwide perspective.

Requirement of Patentability Search

Save Unnecessary Prosecution Cost

The reason behind introducing the concept of novelty search or patentability search is to reduce the possibility of rejection because of a similar invention by someone else. Though it is not a legal requirement, it is recommended as a filter to complete extensive research on the applicant’s end to save the cost that he will be paying for the application.

Determine the Novelty of Innovation

The rudimentary principle of a patentability search is to check the Novelty of the particular invention for which they are submitting the patent application. Sometimes, at this stage, the applicants know about minute implementations that have become a hurdle to achieving the Novelty. Based on professional advice, changes can be made to achieve the desired result in such circumstances.

Improved Chances at the Authorities

The authorities opined multiple standards to allow patent rights to a particular application. However, if a specific discovery is already claimed, dismissal will be granted to the application. Extensive research and prior application submission improve your application’s probability of getting a patent.

Identification of Already Claimed Section

Patentability search will help you identify the particular portions or sections of your invention already claimed or available in the public domain. In such circumstances, amendments can be made to remove such redundancy.

How to Do a Patentability Search?

There is no discrete methodology aligned to the search as it is seeker specific. Though in the public domain, you’ll be able to find the names of specific databases that claim to assess the Novelty. However, non-patent literature is also a part that will be a deciding factor in granting a patent. Hence, to bestow you with excellent results, PATHtoIP(r) has come up with several search methods contemplating your areas of concern, designed with the assistance of analysts, patent attorneys, and engineers.

General methods for the search imbibes with Keywords, Patent classifications, Inventors, and assignees.

Keyword Search

Key Strains are an indispensable part of this search using Keywords. However, the success rate of this aspect depends upon the exhaustive description of the words to get the exact references you are looking for. Characteristics of the particular subject matter, similar meaning words, and constructive keywords used in databases can be availed for effective results.

Patent Classification search

The technology that has been used or implemented in the process of the invention can be categorised hierarchically. Accordingly, whenever the patent application has been submitted to the authorities, they are analysed based on the technological classification it falls under. US patent classification, International Patent Classification, and European Classification are the categories complementing which you can initiate the search.

Citation Search

Precedents of already available technologies are given references in the form of citations. Hence, based on this methodology, one can search for Novelty.

Assignee Search

Based on an applicant or assignee’s name, a searcher can search the relevant reference compiling the previously used methodology. However, it is essential to limit topics for the queries in cases where the particular assignee or applicant has numerous patent documents assigned to him.

Inventor Search

Similar to applicant-based search, Inventor search includes listing all inventors to begin the search for references based on the name of an Inventor. Further, compiling all the previous techniques is an indispensable part of the Patentability search.

Why Us for Patentability Search?

The scope of an invention to be patented is determined by the search accompanying the specifics with the possibility of patentability.

Here, with us, a team of experts and visionaries assist you with enormous services for carving your Idea, Intellect, and innovation into Property. In the sphere of a Patentability search, a detailed analysis of your first draft will be performed with extensive research of Key attributes from your invention. Through this, we accommodate you with several alternatives suitable to your specifications, and these prerequisites could be budget or particular criteria search.

PATHtoIP(r) will ensure that our services are designed following your requirements and a detailed review of the Specialist, mentioning the reasons and qualifications for your invention. Paramount tools, databases, and many other subscribed directories become part of your research.

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