Securing a Patentability of Novel Product or Process can be a critical move for inventors and businesses looking to protect their intellectual property (IP). The patent grants the inventor exclusive rights to make, use, and sell the invention for a set period, typically 20 years for utility patents. However, not every invention qualifies for patent protection, and understanding the process is key to successfully navigating the patent system.

In this article, IP Wise Solutions provides an in-depth guide to the steps involved in determining the patentability of a product or process and the services we offer to assist inventors in securing their IP rights.

Understanding Patentability

Patentability refers to the set of legal criteria that a product or process must meet to be eligible for patent protection. The fundamental requirements for patentability include:

1. Novelty – The invention must be new and not previously disclosed to the public.
2. Inventive Step (Non-Obviousness) – The invention must represent a non-obvious improvement over existing technology.
3. Industrial Applicability – The invention must have practical use and be capable of being applied in industry.

Each of these criteria must be carefully evaluated during the patent application process to ensure that the invention qualifies for protection.

Steps in Determining the Patentability of a Novel Product or Process

The journey to securing a patent involves several critical steps. Below, we outline the key phases of the patent process and explain how IP Wise Solutions supports inventors at every stage.

Step 1: Conducting a Patentability Assessment

Before filing a patent application, it is essential to assess whether your product or process meets the requirements for patentability. This involves analyzing the invention’s novelty, inventive step, and industrial applicability.

Services Offered by IP Wise Solutions: Patentability Evaluation

At IP Wise Solutions, we provide a comprehensive patentability evaluation to help inventors understand the potential of their inventions. Our team of experienced patent professionals will review the technical details of your product or process and assess its likelihood of meeting the patentability criteria. This early evaluation helps you make informed decisions before proceeding with a formal patent application.

Step 2: Conducting a Prior Art Search

The next step in determining patentability is conducting a prior art search. This process involves searching existing patents, scientific publications, and other public disclosures to identify any prior inventions that may affect the novelty or inventive step of your invention.

Services Offered by IP Wise Solutions: Comprehensive Prior Art Search

Our team at IP Wise Solutions offers professional prior art search services, utilizing global patent databases and other resources to uncover relevant prior art. By conducting a thorough search, we help you identify potential obstacles to patentability and develop strategies to overcome them. This step is critical in avoiding rejections based on the existence of similar inventions.

Step 3: Drafting the Patent Application

Once the novelty and inventive step of your invention have been confirmed, the next step is to draft a detailed patent application. The application must clearly describe the invention, explain how it works, and provide technical drawings or diagrams where necessary. In addition, the patent application must include claims that define the scope of the protection you are seeking.

Services Offered by IP Wise Solutions: Patent Drafting and Claims Development

Drafting a patent application requires technical expertise and legal knowledge. IP Wise Solutions specializes in preparing high-quality patent applications that meet the formal requirements of patent offices worldwide. We work closely with inventors to ensure that all aspects of the invention are accurately described and that the claims are carefully crafted to maximize the scope of protection.

Step 4: Filing the Patent Application

After the patent application is drafted, it must be filed with the appropriate patent office. Depending on where you seek protection, this could be the UAE Ministry of Economy’s Intellectual Property Office, the European Patent Office, the United States Patent and Trademark Office (USPTO), or another national or regional office.

Services Offered by IP Wise Solutions: National and International Patent Filing

IP Wise Solutions provides expert assistance with filing patent applications both nationally and internationally. Whether you are filing in a single jurisdiction or seeking global protection, we guide you through the complex filing process and ensure that your application is submitted correctly and on time. For international filings, we assist with applications under the Patent Cooperation Treaty (PCT), which allows inventors to file a single application that covers multiple countries.

Step 5: Examination of the Patent Application

Once your patent application is filed, it will undergo examination by a patent examiner. During this examination process, the examiner will evaluate whether your invention meets the patentability criteria. This process may involve correspondence between the patent office and the applicant to address any issues or objections raised by the examiner.

Services Offered by IP Wise Solutions: Responding to Office Actions

During the examination process, patent examiners may issue office actions that require the applicant to provide additional information or clarify certain aspects of the application. IP Wise Solutions offers comprehensive support in responding to office actions, working with you to address any concerns raised by the patent examiner. Our goal is to ensure that your application remains on track for approval.

Step 6: Granting of the Patent

If the patent examiner determines that your invention meets all the necessary criteria, your patent will be granted. Once granted, the patent gives you exclusive rights to the invention, allowing you to prevent others from making, using, or selling it without your permission.

Services Offered by IP Wise Solutions: Patent Grant and Maintenance

After your patent is granted, IP Wise Solutions can assist with maintaining the patent by ensuring that all required fees are paid and that the patent remains in force. We also provide ongoing support to help you enforce your patent rights and take action against infringers, if necessary.

Step 7: International Patent Protection

For inventors looking to protect their inventions in multiple countries, international patent protection is essential. Patents are territorial, meaning they only provide protection in the countries where they are granted. To secure global protection, inventors can file applications in individual countries or use international treaties like the PCT.

Services Offered by IP Wise Solutions: International Patent Strategy

IP Wise Solutions offers tailored international patent strategies to help inventors protect their inventions in key markets around the world. We assist with PCT filings and provide guidance on where to seek protection based on your business goals and market potential. Our international network of patent professionals ensures that your patent applications are managed efficiently across multiple jurisdictions.

Additional Services from IP Wise Solutions

In addition to guiding you through the patent application process, IP Wise Solutions offers a range of supplementary services to help you protect and manage your intellectual property:

1. Patent Portfolio Management – We assist clients in managing their patent portfolios, ensuring that all patents are maintained and optimized for maximum value.
2. Patent Enforcement and Litigation Support – We provide legal support in enforcing patent rights and taking legal action against infringers.
3. Technology Transfer and Licensing – We offer advice on licensing patents to third parties or transferring technology rights to maximize the commercial potential of your inventions.

Conclusion

Securing a Patentability of Novel Product or Process involves several critical steps, from conducting a prior art search to drafting and filing the patent application. At IP Wise Solutions, we provide expert guidance at every stage of the process, ensuring that your invention meets the patentability criteria and that your intellectual property rights are fully protected.