InventionIP

Patentability search in the USA and Canada The patentability search is conducted to check whether an invention is patentable or not. It has to be conducted before starting research and development and before making a huge investment of time, money and efforts. Each jurisdiction has its own patent law in determining what can be patented, In the USA and Canada to be patentable the invention must have: 1.        Novelty: Never made public in any way, anywhere, before filing the application of the patent. 2.        Inventive Step: Compared with what is already known, not obvious to the person skilled in the art. 3.      Industrial applicable: Capable of production and making profit in practical, not just an imaginary invention. For conducting patentability search patent database and non-patent databases are searched. Advantages of Patentability searches in the USA and Canada 1.     ...

While an invalidity search is carried out by a defendant to render a patent-ineligible by conducting a prior art search, the validity search is carried out by the assignee/plaintiff after the grant of a patent to guarantee that the patent granted is valid and enforceable. The main goal of the validity and invalidity search is to find prior art that could potentially call into question the novelty or non-obviousness of the referred patent. In order to find prior art references that predate the patent's priority, an exhaustive search of the patent and non-patent literature is required for an invalidity/validity analysis.   The validity searches in the USA and Canada are conducted to establish the solidity of a patent portfolio which may be useful for licensing or company acquisition. More specifically a validity search is important for the following reasons:   ·          Assessment of patent portfolio is imperative in a buy or sel...