Patentability Search (Novelty Search)

A Patentability Search or Novelty Search is done before you file a patent application to determine whether your invention is novel or has been described in "prior art".

Why do you need a Patentability Search?

To gain a patent, an invention must be:

  • Novel; and
  • Inventive (not obvious).

A Patentability Search seeks to establish the novelty provisions of your patent application by examining a wide range of patent filings and other documentation for any prior references.

If the Novelty Search unearths no prior art, you can proceed with greater confidence to develop your invention and bring it to market.

If the search discovers your invention has been described previously, you still have options:

Why is a Patentability Search a good investment?

Many firms become so preoccupied with their invention they fail to carry out a Patentability Search - and later pay the price. Regardless of the results, a Patentability Search is a wise investment because it can help you strengthen your patent application.

How a Novelty Search strengthens patent applications

You want to draft your patent application in a way that claims as much as possible for your invention - without claiming on the prior inventions of others. A Patentability Search lets you draft your patent application with greater precision because it gives you a clearer understanding of the novelty limits of your invention. This has several benefits including:

  • Maximising the valid IP territory you can claim with your invention
  • Enable the application to focus on supporting the novel and inventive features instead of wasting effort (and consequently money) to providing support to features that were not novel and inventive
  • Minimise the risk of later litigation.

Why all Patentability Searches aren't the same

No Patentability Search can claim to be completely exhaustive or entirely reliable - but some are better than others. Filament offers a superior Patentability Search for 3 reasons:

  • Scope - we search a wider range of prior art
  • Systems - we can search more prior art more efficiently
  • Skill - our experience gives you greater confidence in the results.

Learn more about Searching

Learn more about our other Patent Search services or contact Filament today to discuss your Patentability Search requirements.

determine if your invention is novel