Novelty Search

What is Novelty Search

Research and development have resulted in the creation of several inventions. However, for an invention to be patentable, it needs to be novel. Novelty means that an invention must be new and not anticipated by any prior public disclosures. Further, in addition to the requirement of novelty, an invention should not be obvious to a person skilled in the art and should have utility.

A novelty search is conducted  to identify prior art which might affect the novelty of an invention. Prior art encompasses any prior public disclosure that anticipates the  invention, including existing patents, published articles, technical papers, product releases and other important publicly accessible information. When an invention has numerous prior art references, demonstrating the novelty of the invention becomes complex and tedious. By conducting  a novelty  check one can assess the likelihood of securing a patent and identify potential challenges in securing a patent.


[Image Sources: Shutterstock]

It is advisable to conduct a novelty search before filing an application for a patent for an invention as it helps ensure that the invention meets the essential criteria of novelty and non-obviousness, thereby increasing the chances of a patent grant.

It is advisable to seek the assistance of a patent lawyer to conduct novelty or patentability search for better results. By uncovering information  relevant to an invention, one can decide the scope of their claims and draft better claims. By conducting  novelty or patentability search prior to patent filing, one can potentially avoid the challenges that they might have to face later. Thus, it is always beneficial to conduct a novelty search before filing an application for patent as it helps evaluate the existing prior art and determine if an invention is novel, which may further help avoid potential legal issues and drive innovation.

Author:Lakshy, in case of any queries please contact/write back to us at support@ipandlegalfilings.com or   IP & Legal Filing.

 

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