Evaluate your inventive idea before filing a patent
Basic evaluation is the first step we recommend to the inventors before contacting a patent service provider to assist them with the search, drafting and filing in USPTO. This basic evaluation could save them time and money.
For you to evaluate the patentability of your invention or inventive idea, it is important to understand the basic criteria behind patenting. The idea must be thoroughly examined against two of the crucial patentability criteria i.e., Novelty and Non-obviousness.
Evaluation of your inventive idea should be the first step before applying for a patent and your evaluation should begin with a question, is it novel? The answer to the question starts with the search around you. Next, is it available in any form around you? Or was it available at any point of time in the past? With every NO to the question, you have to take it one step forward to search within your knowledge base to verify the novelty of the invention to assess the availability of the invention in an electronic form or in a physical form.
If you find yourself with the answer as NO in your knowledge house, then it is time for you to think of the next evaluating parameter. Does this seem obvious for a person knowledgeable or skilled in the art? The invention might not seem available anytime anywhere, but if the outcome of your invention is anticipatable by the skilled person, then it triggers on the lack of non-obviousness in your invention which is a potential hindrance under 35 USC 103.
With nay as answers to both the evaluating parameters at the basic level, you can take one step forward and proceed for documenting the details of your invention to share with a patent professional service provider like Legal Advantage to research the inventive area rigorously and to identify similar patents & non-patents including articles, documents, forum discussions, journals etc. The professional searchers weigh your invention against the key patentability criteria 35 USC 101 that reads upon patentable inventions, 35 USC 102 that teaches Novelty and 35 USC 103 which defines Non-Obviousness. This assessment would give know-how on similar or same inventions patented or available as non-patents reported to you in a user-friendly format.
Patent drafting is the next step to patent search. Considering the references identified in the phase of the patent search, drafting would be conducted. The embodiments of the patent should clearly be defined, and the claims should read up on the description of your invention. The draft should meet the criteria 35 USC 112. Patent drafting, especially the claims are drafted in a way to avoid any chances of being amended or rejected in the stage of patent prosecution. This also ensures a safe patent, avoiding patent infringement allegations in the later part of the patent’s life.
Astounding knowledge on patent searching and patent drafting skills are required to provide you with a Valuable Patent. This requires a professional to conduct the patent search and drafting. But the first step should always begin with you as the inventor performing the roles of a patent searcher.