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ABOUT PATENTABILITY


It is important to understand that where patents are concerned, there are no guarantees at any point in the process. That is, there is no way to say with certainty that you will or will not be awarded a patent. As such filing a patent application enters you into a 'process', wherein the 'outcome' is uncertain. There is a leap of faith that is necessary to "see" if an invention qualifies for a patent.

For example, most inventors conduct a preliminary patentability search, which is an attempt at locating related inventions. A generally good place to start. However, a search for prior art is just that - a search.  In the case of search initiated by Island Patent, a professional search person is contacted and commissioned to spend a period of time looking for inventions which are similar to your present invention. This very typically involves a search of issued U. S. patents and published patent applications using well known computer based tools, and techniques. Sometimes a number of important references are found, and sometimes others are missed. It is always possible that a given reference can be overlooked, or not available at the time of the search. For example, virtually all pending patent applications that are filed and awaiting examination within the Patent Office, are kept in the strictest confidence for at least 18 months, and are therefore unavailable.

There are yet other factors that must also be considered when attempting to determine if patent protection may be attainable. For example, even when no single patented invention discloses the searched invention, a government patent examiner will often attempt to argue that a person of ordinary skill in an art would deem it 'obvious' to combine two or more prior patents or references to yield your present invention. For example, if one patent disclosed feature A, and another patent disclosed feature B, then an invention having features A and B might be unpatentable if it were considered obvious to combine the features A and B.

Accordingly, it must be understood that it is not possible to say with absolute certainty that any invention is patentable. In the end... ALL decisions regarding patentability rest with the U.S. Patent and Trademark Office.

Therefore, Island Patent cannot ever guarantee that your invention is patentable, and that a utility patent will be awarded.




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