When embarking on the process of registering exclusive rights for a technical solution, the first question many businesses ask is: “Is it mandatory to search and evaluate patent eligibility before filing an application?” In terms of administrative procedure, the answer is NO. However, from the perspective of business strategy and risk management, this is a “critical” step that determines the success or failure of a patent certificate.
The 3 Strict Conditions for Patent Protection
For a technical solution to be accepted for protection by the patent office, the law requires that your product or process must simultaneously satisfy three strict conditions:
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Global Novelty: Scanned on a worldwide scale.
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Inventive Step: Not obvious to a person with ordinary skill in the art.
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Industrial Applicability: Can be mass-produced or applied in various industries.
Warning from SBLAW Experts: The “novelty” of an invention is judged on a global scale. This means that if your solution has been publicly disclosed via a news article, a YouTube video, or commercialized in any country before the filing date, your patent application will certainly be rejected.
Why Must Businesses Perform a Patent Search Before Filing?
The patent examination process typically lasts from 3 to 5 years with non-negligible costs. Therefore, voluntarily conducting an in-depth patent search before filing brings two core values to the business:
1. Risk Mitigation, Saving Tens of Millions
Instead of spending a large budget and waiting many years for a “futile application,” the search results will help the business identify risks early on. If there is duplication, the business can proactively improve the technology or stop at the right time to avoid wasting resources.
2. Creating a Database for Drafting a High-Quality Patent Specification
The patent specification is the most critical document in the registration dossier. In-depth search results provide patent lawyers with clear legal bases to:
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Analyze prior art and existing solutions globally.
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Draft standardized specifications, highlighting “novelty” and “inventive step.“
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Define the optimal scope of protection, preventing competitors from “working around” it in the future.
In-Depth Patent Search and Evaluation Services at SBLAW
Conducting a patent search using only free tools often does not provide accurate results due to limitations in algorithms and professional analytical skills. At SBLAW, we offer comprehensive solutions to help businesses optimize their intellectual property rights:
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Global Data Access: SBLAW accesses and utilizes the largest and most specialized international patent databases currently available.
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Experienced Team of Lawyers & Experts: We don’t just search; we analyze the broad landscape, provide accurate eligibility assessments, and advise on improving solutions for businesses.
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Optimized Registration Dossiers: Based on search results, SBLAW directly drafts standardized specifications, minimizing the technical deficiencies often flagged by the Patent Office, and speeding up the process to certificate issuance.
💡 Don’t Let Years of R&D Go to Waste Due to a Rejection!
Contact SBLAW today for support from leading Intellectual Property experts to search and evaluate your patent eligibility with maximum accuracy.
Hotline: 0904340664
Email: info@sblaw.vn
Website: ipright.vn
