Patentability Assessment involves examination of patentability criteria. It is the method to find out whether the subject matter of an invention is patentable or not. For an invention to be patentable it has to be novel, should have utility and should not be obvious to a person skilled in the field. Thus the patentable invention should not be known or used by others or already patented or described in any printed publication. It should have a considerable and convincing utility. The examiner would look into the aspects like originality of the invention, utility, and compliance with the patent law, non-exclusion by law, prior-art and any description or disclosure that may have to be dealt with.
It is better to conduct patentability assessment prior to filing a patent application. After conducting patentability assessment if it is found that the invention does not have the essentials and cannot qualify for patent protection then one can direct the monetary resources to improve or reconstruct the invention rather than spending the money on filing a patent application. It helps in saving money and time. You can also avoid the risk of rejection, as rejection may cause an enormous harm to the applicant to the extent of disclosure of his trade secrets. Thus patentability assessment is a significant part as far as an applicant is considered. It is better to employ the services of patent professionals to conduct patentability assessment they are trained in this regard and are well equipped to conduct patentability assessment in an efficient manner.
Patentability assessment in an effective manner can only be done by an experienced group of professionals. A deep understanding of the basics of patent law is essential. It is so because only then could a person determine as to what amounts to novel or what is non obvious. At Biz & Legis we have a team of attorney’s with ample amount of experience, knowledge and expertise in the area of patents and can do patentability assessment effectively.