Invention Assessment (Patentability Opinion) is a critical first step for any inventor or company before spending time and money on filing a patent application. This process involves a deep analysis of the idea or technology to determine if it meets the three main criteria for patentability: novelty, inventive step, and industrial applicability. A professional assessment reduces the risk of rejection from "Sakpatenti" and helps the author understand whether patenting is worthwhile or if alternative protection methods (e.g., trade secrets) are better.
What Invention Assessment Services Cover
Patent attorneys and experts on Legal.ge offer:
- Novelty Search: Searching global patent databases (WIPO, EPO, USPTO) and non-patent literature to determine if similar technology already exists (Prior Art).
- Inventive Step Analysis: Assessing whether the invention is "obvious" to a specialist in the field. This is the most difficult criterion, often leading to rejections.
- Freedom to Operate (FTO) Analysis: Checking whether manufacturing or selling your product would infringe on someone else's valid patent in a specific market.
- Commercial Potential Assessment: Evaluating how viable the invention is in the market and whether it is worth the cost of patenting.
- Strategic Recommendation: A conclusion on how to draft patent claims to obtain the broadest possible protection.
Practical Examples and Scenarios
The need for assessment arises at various stages:
- Scientist-Inventor: A university professor created a new chemical compound. Before publishing an article in a journal (which would destroy novelty), they must assess patentability and file an application.
- Startup: A company plans to export a smart device to the US market. FTO analysis showed that similar technology is already patented in the US by a competitor, meaning export would lead to a lawsuit. The startup changed the design to avoid infringement.
- Investor: A venture fund intends to invest in a tech company. As part of Due Diligence, they order an independent assessment of the invention to ensure the technology is truly unique.