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Invention Assessments

What is the difference between a patentability search and FTO?

A patentability search checks if your invention is new and can be patented. An FTO (Freedom to Operate) search checks if using your invention will infringe on someone else's existing patents. You can have a patentable invention that still infringes on another patent (e.g., an improvement on a patented device), preventing you from selling it.

Can software be patented in Georgia?

Pure software code is protected by copyright, not patents. However, "computer-implemented inventions" (software that produces a technical effect or solves a technical problem) can be patented. Our assessment helps determine if your software meets the strict technical criteria required for patent protection.

How long does the assessment take?

A standard patentability assessment typically takes 5 to 10 business days. This allows our experts to conduct a thorough search of international databases and analyze the results. For complex technologies or FTO analysis involving multiple jurisdictions, it may take longer.

Should I keep my invention secret during the assessment?

Absolutely. Any public disclosure (article, exhibition, sales) before filing a patent application destroys the "novelty" of the invention and makes it unpatentable. Our assessment is conducted under strict confidentiality (attorney-client privilege) to protect your rights.

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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.

Georgian Legal Framework

The assessment is based on the Patent Law of Georgia. The law defines patentability criteria: 1. Novelty - the invention must not be known in the state of the art worldwide; 2. Inventive Step - the invention must not obviously follow from the state of the art; 3. Industrial Applicability - it must be possible to manufacture or use it in industry. The patent attorney uses this legal framework and "Sakpatenti" examination guidelines to predict the examiner's decision.

The Process: How Assessment Works

This is analytical work:

  1. Information Intake: The client provides a description of the invention (under confidentiality).
  2. Research: The specialist uses paid and open patent databases using keywords and classification codes (IPC/CPC).
  3. Comparative Analysis: Comparing found documents with the client's invention.
  4. Conclusion: A written report containing risk assessment and recommendations (e.g., "Patenting is possible, but with narrow claims").

Why Legal.ge?

Many applications are rejected because the author thought their idea was new, when in fact something similar was patented in Japan 10 years ago. Legal.ge allows you to connect with professionals who will conduct deep research and save you time and money on fruitless applications. Get an objective picture of your invention's potential on our platform.

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