| Why Search Patents? |
 One of the fundamental requirements for securing patent protection is proving 'novelty'. Patent applicants must be able to demonstrate that their invention has never been disclosed in public before their application was filed. This requirement obliges inventors to conduct a thorough investigation of existing prior art not only in patent offices worldwide but also in academic and research organizations, as even the prior publication of a poster at an academic conference can impede on obtaining a patent.
The percentage of US patent applications passing examination at the United States Patent Office (USPTO) had declined from 71% in the year 2000 to 54% in the year 2006 [1]. Analyzing the downward sloping patent grants percentages indicates that 2007 will be the first year in the history of the USPTO where the majority of patent applications will be rejected. This gradual escalating threshold process is attributed to a number of reasons; among them are recent enhancements in examination tools, more effective manpower and legislative amendments. The implications for inventors are clear and eminent – one must take proper precautions in order minimize the probability of rejection and the fruitless expenditures involved with it. The path to understanding the determinants which render successful patent applications begins with a proper understanding of the 4 criteria all patents need to satisfy. The patent laws of most countries usually require that, in order for an invention to be patentable, it must:
While patentable subject matter and usefulness are objective criterions in nature, they are capable of being determined either by the inventor himself or by a patent agent, based on appropriate legal interpretation. Novelty and non-obviousness are subjective, requiring tedious scrutinization of all the information that is known so far (commonly referred to as "prior art " or "state of the art ") to determine whether an invention satisfies these two criteria or not. References |
