Category: Law

What is a Patentability Opinion?

A patentability opinion is an invaluable asset for inventors interested in taking the next step after ordering a Search Report. That is, filing a patent application for their invention. The relevant patent documents that were listed in the Search Report are reviewed and compared with the important features of the invention. The patentability opinion advises as to the likelihood of obtaining a patent based on the results of the Search.

It is important to understand that the patentability opinion relates only to the results of the Search, and not to any other prior art, known or unknown. Therefore, in the event that, based on the results of the Search, the invention appears to be patentable, any initiatives taken should only relate to the process of patenting the invention as you can see from how to patent an idea with InventHelp.

The patentability of the invention does not necessarily mean that other initiatives, such as building a prototype of the invention or performing any commercial activities including marketing the invention, should be taken.

What does the Search Report include?

The search report includes the following items:

1. Search Report letter

-a listing of the databases searched
-a listing of the keywords and search terms utilized to carry out the search
-a listing the most relevant patent documents found in the search results

2. Relevant Documents

-either full text or abstracts of relevant patent documents, depending on availability.

You can continue reading about patents and patenting process on patent my invention through InventHelp article.

The US Patent Classification (USPC) System

In order for searches of the existing patent database to be conducted in a reasonable manner the entire collection of patents is organized into a classification system, known as the Manual of Patent Classification. Utility patents are divided into 460 numbered classes identified by a 3-digit number and title. Some examples are:

  • 084 Music
  • 257 Active solid-state devices (e.g., transistors, solid-state diodes)
  • 709 Electrical computers and digital processing systems: multicomputer data transferring

Each class is divided into sub-classes arranged in a hierarchical manner and known as the “class schedule” as you can see from how to file a patent with InventHelp article.

Part of the Class 257 schedule is shown below:

1. Bulk effect device
2. Bulk effect switching in amorphous material
3. With means of localizing region of conduction (e.g., “pore” structure)
4. With specified electrode composition or configuration
5. In array
6. Intervalley transfer (e.g., “Gunn” effect)
7. In monolithic integrated circuit
8. Three or more terminal device

A classification consists of Class/Subclass, so a bulk effect semiconductor device, for example, employing the Gunn effect would have a classification of 257/6. One or more classifications are assigned to a patent or patent application based primarily upon the disclosure of the subject matter in the Claims.

Taken as a whole, there are more than 154,000 class/subclass combinations in the USPC! This means that a person performing an exhaustive search of the USPC must have an expert understanding of both the subject matter and the USPC itself. Read more about patenting process on patent my invention through InventHelp.

Search Patents – What is it? Why do it?

A patent search is a prudent and economical place to start by discovering any issued patents or published patent applications relating to your invention. Based on the results of the patent search, you can determine if your invention is patentable and to what degree it is patentable. Or if you don’t know how to start get some help from InventHelp agency. You can learn more about them from this Invent Help review.

Why run one?

Once you start your patent search, the first thing a Patent Examiner does when he receives his patent application is to conduct a search of prior patents and patent applications related to his invention to determine if his invention is indeed new. Therefore, you are advised (not required) to conduct a search for issued patents, published patent applications and other public or published information (“prior art”) to assess whether any part of your invention or idea has been patented, published, or previously disclosed.

Besides that

You can avoid the unnecessary waste of time and money lost in preparing and filing a patent application. If a patent search has revealed the prior art that may prevent your invention from being issued as a patent.

Knowing the state of the art related to your invention guides the patent applicant in the preparation of the patent application (background, figures and description) necessary to properly disclose the applicant’s new invention. You could always hire Invent Help agency to do the heavy lifting for you.

FACT: Currently, there are 7 million patents issued by the USPTO (Patent and Trademark Office), which means that there are more patents than the actual commercially available products. If you do not see your invention for sale in a store, on the Internet or in the public domain (public disclosure), this does not mean that someone has not sought protection for a similar or similar invention under a patent or disclosed the same invention in an article published. Its purpose is to have a thorough understanding of patents and patent applications filed prior to its invention, which may have an influence on the scope of patent protection available for its invention.