A Patentability opinion is very essential to determine likeliness of obtaining a patent for an invention. The Patentability opinion helps an inventor decide if it is worthwhile to proceed with a patent application for his/her invention. The patentability opinion can be very useful and cost effective before deciding to make any financial investment in a product.
The Patentability opinion is formulated by a Patent Attorney to determine patentability of a method or process, or a product. In order to arrive at a patentability opinion for a method or process, or a product, a thorough search of prior issued patents, published applications, and other non-patent literature is required. The Patentability opinion mainly addresses the novelty and non-obviousness criteria of the invention for which a prior art search has been conducted. Once a thorough search has been completed, the pertinent search results are listed. The search results should identify relevant sections if any pertaining to the invention and how the search results are related to the invention.
The patentability opinion for an invention that is novel and non-obvious over the prior art search results is that the invention is patentable, since the invention will have at least one method or process step, or at least one distinguishing element over the prior art search results. The patentability opinion for an invention that is novel but obvious over the prior art search results is that the probability of obtaining a patent for the invention is 50%, since an examiner may find the overall invention to be obvious in view of the prior art search results. The patentability opinion for an invention that is neither novel nor non-obvious over the prior art search results is that the invention is not patentable, since all the method or process steps/ the distinguishing elements of the invention are found in the prior art search results.