Why should you carry out a patentability study before filing a patent?
As Intellectual Property attorneys, we recommend this study to gain an overview of the situation, so that we can advise you on the relevance and feasibility of filing a patent application. In fact, such a study should help to estimate the chances of success of the application, i.e. the chances of obtaining a patent after the procedure before the Industrial Property Office where the application is filed.
Using this, the Intellectual Property attorneys in the technical domain concerned by the invention will be able to estimate a certain number of criteria of usual practice, particularly:
- Is the invention that you wish to protect patentable by law?
- Have the patentability criteria been met?
- Is your invention novel with respect to the state of the art?
- Does your invention involve an inventive activity? In other words, would a person skilled in the domain be able to easily come up with the invention using his/her own knowledge and the disclosed prior art?
- Does the invention have any applications in industry?
To meticulously carry out these studies, we are equipped with databases of patents and scientific, legal and economic literature and of the press, accessible on commercial servers, the Internet, etc.
Our Intellectual Property attorneys use their knowledge and their practical experience of various offices, law and case-law in order to evaluate these various criteria in the technical domains that they are qualified in.
The final report of this patentability study explicitly, and with supporting arguments, highlights the components of the invention that the intellectual property attorney deems to be patentable.
Every study involves an exchange with you, for debriefing you on the risk assessment and planning the future actions in terms of filing the patent on the part deemed patentable after the study.