Generally speaking, a patentability opinion can help you decide whether to prepare and file a patent application and help in preparing the patent application.
A patentability opinion is based on the results of a patentability search, which is based on the understanding of your invention. The prior art references found in the patent search, for example, publications such as patent and patent applications that are already published, are reviewed and compared to your invention. An evaluation of the chances that a patent can be issued for your invention is then made.The search is usually limited to the patents and patent applications published in the USPTO and CIPO patent databases.
If you are so inclined, you may also do your own search on google patent or in the USPTO and CIPO patent databases and evaluate the search results.
If the evaluation is not favorable, you may decide not to pursue the patent application any further. Or, you may improve your invention on the basis of the patentability search and opinion, and pursue the patent application based on your improved invention.
If the evaluation is favorable, we will able to tailor the scope of protection to seek for the patent application, which will help us draft patent claims that are more likely to be allowed. This could help you obtain patent rights more quickly and save the costs in obtaining the patent rights.
However, patentability opinion is not required before preparing and filing your patent application.
Keep in mind though, the patentability opinion is only a factor to consider for you to make the ultimate decision whether to try to get patent rights for your inventions.
- Firstly, it is impossible for the patentability opinion to be bulletproof. It is improbable, if not impossible, to uncover all prior-art related to your invention, and the patent offices may interpret the prior-art differently.
- Secondly, if you believe that your invention is critical to your success, you may want to take the chance and apply for patent anyway even if the patentability opinion is not favorable.
In any case, the prior art references could provide inspiration for you to further improve your invention.