Before a patent application can be filed, it is highly important to have a patentability search performed. This patentability search examines whether or not the invention of interest is appropriate for patenting.
A patentability search is performed based on the requirements for patenting as determined by The European Patent Convention (EPC):
An invention is only considered to be new if it does not form part of the state of the art (EPC Article 54). At the date of filing a patent, the invention may not be already disclosed, including publication in both patent and non-patent literature.
– Inventive step
The second requirement for patentability is the inventiveness of the invention (EPC Article 56). An invention should not be considered to be obvious to a person skilled in the art. To investigate the inventive step a broad search is required, as solutions for specific problems can come from different technical fields.
An invention must also be susceptible of industrial application (EPC Article 57). This is of course not part of a patentability search.
Based on the results of a patentability search, an opinion can be given by a Patent Attorney. Corporate partner Van den Berg IP provides the service to write and file a patent.
Please contact Patent Information Services for more information.