These are two preliminary steps (for inventions, designs, models and utility models) that are taken before filing the application for IP rights. Initial queries are conducted on patent databases all over the world to ensure there are no similar patents or other rights that might interfere with or prevent registration of the client’s application. Further, patentability opinions consider whether the innovation at issue satisfies the requirements for patentability in the relevant jurisdiction
After performing these searches, the client will receive a detailed report of the relevant outcomes, including whether the client’s innovation is actually patentable or, if it is not, potential alternative ways to protect the idea.
These services can also be utilized by clients to verify the validity of third party patent rights.
Undertaking these exercises prior to the filing of the patent application allows one to avoid pitfalls that may arise in the prosecution of the patent application or later in the lifespan of the patent, or perhaps to obtain better knowledge of the validity of already-granted third party rights. It is only through an in-depth and focused search for prior art, including currently valid rights, that it is possible to proceed with the patent process with confidence that the patent application will lead to the grant of a valid patent right.
Not conducting prior art searches or examining the patentability of the innovation presents a risk that the client will invest in the patenting process without obtaining a valid right, either because the idea merely replicates an already patented invention or otherwise fails to meet the requirements for patentability. Further, not having a report on the outcome of prior art searches and an opinion on the patentability of the idea could also obstruct the development of an alternative, and patentable, solution.
