Preliminary Patentablility Report
Terms of reference
Within the scope of the Preliminary Patentability Report a detailed explaining opinion will be provided on whether the invention presented by you meets the requirements of patentability, i.e. the invention appears to be novel, to involve an inventive step and to be industrially applicable over patent and other documents presented by you. The opinion on whether the invention meets the patentability criteria is based on comparative analysis, same to methods on which Preliminary Examination Reports are carried out within the Patent Cooperation Treaty (PCT) practice.
- if a search report has already been delivered, or you have been informed by any other means of patent or non-patent documents apparently damaging the patentability of your invention, time, money and tiredness can be saved by disclosing the sooner possible the chances of patentability.
- an authentic, professional prognosis on the patentability of the invention can be valuable, especially when during the search a strongly relevant document has arisen.
- in the case of an already lodged application to ensure the priority of applications in other countries it may be important to know as soon as possible the chances of patentability over the known documents.
- you can assess the degree of inventiveness of an application, therefore can determine how remote or neighbouring is your invention to the known art.
- you can be prepared to parry arguments arisen during patent examination, for ensuring the broadest possible protection.
Description (analysis, report)
The analysis is carried out on the basis of the description and drawings (if any) presented by you, where the technical solution should be clearly disclosed. It may be helpful to formulate the features of the invention as one or more patent claims, unless the patentability opinion could be less accurate and authentic. The patent documents and/or non-patent literature considered being relevant to patentability criteria should be either provided or referenced (in case they can be downloaded from databases) by you. The provided documents can be in English, German, French or Hungarian language; documents provided in other languages are accepted under separate agreement.
In the Preliminary Patentability Report a detailed explaining opinion will be provided on whether the invention meets the requirements of patentability, i.e. the invention appears to be novel, to involve an inventive step and to be industrially applicable. The argumentation will contain a comparative analysis of the invention and the provided documents, conducted on the basis of the currently accepted patent examination practice. The opinion regarding the patentability criteria will follow the structure of the description of the invention (based on the claims, if claims were submitted).
Since the analysis is carried out by comparing the invention with the documents provided/referenced by you, the patentability opinion will be formulated solely by reflection on those documents. Within the scope of this service a search will not be done.
The fee of the service will be defined based on calculation taking in consideration the complexity, extension and the number of documents (considered relevant) to be examined, on which a quotation will be delivered in the shortest possible time after receiving a request.
The Preliminary Patentability Report is completed within 4 weeks from the day on which the quotation is accepted. In the request you can demand a shorter time limit, of which feasibility you will be informed together with the delivery of the quotation.
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