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Patentability Searching …. Is the idea novel?
To determine whether a given potentially patentable feature of an invention is novel, a preliminary patentability search is usually made, usually in the United States Patent Office, but occasionally in Canada or elsewhere. We can arrange a suitable search, and are "on-line" to US, Canadian and international patent databases. While any previous patent or publication anywhere in the world that discloses the invention will usually prevent the grant of a valid patent for the invention, the cost of conducting a world-wide search is prohibitive. Generally an investigation of limited scope in only one country is made. Usually the United States Patent and Trademark Office is preferred because of the large volume of prior patents and other literature on file there. Such search is conducted in those classes of patents and other literature that are considered most likely to reveal a prior disclosure of the invention. Although such limited search cannot guarantee that a patent for any given invention is available, it should enable the inventor and patent counsel to make a reasonable assessment of the prospects for obtaining a valid patent.
The cost of a patentability search for one searchable feature is typically about $2,000, sometimes more and occasionally somewhat less for a very simple invention. This expense is considerably lower than the cost of preparing and filing a patent application. If the search results are unfavourable in that one or more very pertinent prior patents or publications (the "prior art") are uncovered, the cost of preparing and filing a patent application can then be avoided. Even if the search does not reveal any prior art considered to be a bar to the grant of a valid patent, it is useful to the person drafting the patent specification to have an indication of the state of the prior art, because this helps the draftsperson to define with precision the scope of exclusive right that can validly be claimed for the invention. Typically, searching for more than one potentially patentable feature of an invention adds about $500 per feature to the fee for the search.
Preliminary patentability searches usually take between one and two months to complete, review and report, but for a somewhat higher cost, the search can be expedited. Occasionally, the delay required to conduct a search may not be tolerable (e.g., where the invention was publicly disclosed almost a year ago), in which case patent counsel will advise accordingly.
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