Design for Patentability

What Does a Design for Patentability Search Provide?

The Process

1. Intake

Effective expression and transfer of technical knowledge from the mind of the inventor is a crucial first step in the strategy. Brief interviews with the inventors ensure your idea is understood as intended. This alignment drives effective legal and strategic decision-making.

● Absorb – The Founders Legal team receives your invention disclosure materials and works diligently to understand and assimilate the technology to for ascertaining key enabling concepts.
● Interview – We listen to you, the inventor, describe your invention and your goals for it to inform and hone our search strategy.
● Distill – Our team then extracts a taxonomy of key Inventive Concepts (ICs) for the disclosed invention to define a search strategy optimized for your technical and strategy inputs.
● Align –Prior to commencing the search, our team will coordinate with you, the inventor(s), working to ensure that our search strategy matches your vision and results will enlighten subsequent legal, technology and market strategy.

2. Search

Expert knowledge and methods allow the efficient and effective filtering of an ocean of patent and non-patent literature to only the most relevant results.

● Interrogate – Our team of specialists intelligently search the worldwide patent databases according to the search strategy, unearthing relevant applications, patents and non-patent literature.
● Identify – From the results, we identify the most significant art and characterize it according to your ICs to facilitate ready analysis of novelty as well as potential obviousness and freedom to operate concerns.

3. Analysis

● Review – The Founders Legal search report presents up to 20 of the most relevant filings ready for analysis and derivation insights to guide legal and product strategy.

● For each filing of interest, we provide:
o A Summary of the relevance of each.
o Identification of Inventive Concepts present in the filing.
o A Ranking of the overall relevance with respect to the disclosed invention.

● Differentiate – This deliverable allows you to readily evaluate the prior art in light of your technology and strategic goals, informing and strengthening strategic decision making.

4. Strategy

One can obtain a patent provided nothing else is exactly like it. Having a patent does not provide the ability to practice that patent. The knowledge, methods, analysis and tools applied previously now cement discussion and insight around patentability and ability to practice a patent.

● Align Our team answers your questions about the process and results, and discusses their import with respect to the disclosed invention and the market you wish to address.
● Review Together we discuss summarized results, the differentiation between the disclosed invention and each relevant search result and the importance of each.
● Define and refine – The informed knowledge of the landscape around your invention and review of results within this framework provides a foundation to drive definition of your strategic direction. From this foundation, our team works with you to define strategic direction with confidence.
● Execute –Upon definition of your go-forward strategy, we work to execute upon the informed IP strategy to bring your idea from the mind to the market.


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Frequently Asked Questions

Any person who has invented or discovered a new and useful process, machine, article of manufacture, or composition of matter may obtain a patent for it. This also includes any new or useful improvement on a past invention. Laws of nature and theories are not patentable. This requirement is outlined in title 35 of the United Stated Code, Section 101 (abbreviated as 35 U.S.C. 101). You do not need to have actually constructed or used your invention to get a patent on it. Having a good idea of how your invention is made and used is sufficient.

Our patent search services are structured to provide inventors with an analysis of the disclosed invention against a landscape of the most relevant technologies worldwide to optimize legal, product, and marketing strategies. This information will also help you and your Patent Attorney decide if pursuing a formal, non-provisional patent is a worthwhile investment.