What is a Patentability Search? A Guide to Legal Standards
Definition & Meaning
Patentability refers to the ability of an invention to meet the legal standards required to obtain a patent. To qualify for a patent, an invention must be:
- Novel: The invention must be new and not previously disclosed to the public.
- Non-obvious: It must involve an inventive step that is not obvious to someone skilled in the relevant field.
- Industrially applicable: The invention must be capable of being used in some kind of industry.
- Not excluded: Certain categories, such as abstract ideas or natural phenomena, are not patentable.
A patentability search is conducted to examine existing patents and publications to determine if the invention meets these criteria.
Legal Use & context
Patentability is primarily used in intellectual property law. It is crucial for inventors and businesses seeking to protect their innovations through patents. This process involves assessing whether an invention can be patented before filing a patent application. Users can manage aspects of this process themselves using legal templates from US Legal Forms, which are drafted by qualified attorneys.
Real-world examples
Here are a couple of examples of abatement:
Example 1: An inventor creates a new type of solar panel that significantly increases energy efficiency. A patentability search reveals no similar inventions, indicating the invention may be patentable.
Example 2: A researcher develops a new drug formula that has not been previously disclosed. A thorough search shows that it meets the criteria for patentability. (hypothetical example)