The whole patent system is designed to encourage inventions which are useful for the society. It grants the inventor an exclusive right to use his invention and earn profits from the same. But then every invention is not patentable, an invention has to have certain essentials in order to qualify as a patentable invention. As Patent laws vary from country to country the criterion for patentability also varies. It is therefore essential to perform patentability assessment prior to filing a patent application as the same would save both time and money. Patentability assessment means to evaluate whether or not the invention contains the basic essentials required to obtain a patent. The same is an essential step to ensure that no patent application is rejected for failure to possess the basic essentials of a patent.
Parties
1. Inventor
2. Business Entity
3. Researcher
Services
We provide the following services in this regard:
Assessment of patentable factors :
In this stage we would look into the many aspects which determine the patentability of an invention as per the respective national law. The factors being:
• Assessment of Novelty of the invention
• Assessment of Inventiveness
• Assessment of Usefulness according to the respective patent law
• Assessing non-exclusion by law,
• Assess the prior art before the invention - Study the patent information and articles published by other parties which are capable of challenging the invention's patentability.
• Assess the language and style of patent drafting to ensure that it goes as per the law.
Examine other criteria such as sufficient disclosure etc.
Opinion :
On the basis of our assessment we would provide you with a Legal Opinion which would include the following:
• Specify clearly as to whether the inventions qualifies as a patentable invention or not.
•If the invention does not qualify as a patentable invention then the specific reason for such disqualification.
• Suggestions to modify the invention so as to meet the patentability criterion.Expertise
Patentability assessment in an effective manner can only be done by an experienced group of professionals. A deep understanding of the basics of patent law is essential. It is so because only then could a person determine as to what amounts to novel or what is non obvious. At Biz & Legis we have a team of lawyers with ample amount of experience in the area of patents and can do patentability assessment effectively.
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