Posts

Showing posts with the label Patentability search

What is Patentability/Novelty Search in Patents?

Image
There are three prerequisites for getting a patent namely: (i) novelty, (ii) inventive-step (non-obviousness) and (iii) industrial application (utility). The first and foremost prerequisite is novelty and then comes inventive-step (non-obviousness). Establishing industrial application (utility)is comparatively easier. An invention is said to be novel when it is neither published anywhere in the world nor used by public before the date of filing patent application. Similarly, an invention is said to be inventive (non-obvious) when the invention involves a feature which is non-obvious to a person of ordinary skill in the art (POSITA). Such hypothetical person (person of ordinary skill in the art) is an ordinary person having ordinary skillset in a particular technical domain to which the invention pertains. Utility of an invention is comparatively easier to establish. An invention always solves a long-standing problem by providing an inventive product or process. However, for establishin...