What is patentability opinion or patentability analysis?
Patentability analysis or patentability opinion is a two-fold process. First step involves searching for prior art that consists of at least one element present in the claims of the invention for which the patentability analysis is being conducted. Once such a search is conducted the second step is to analyzed the shortlisted prior art references to identify whether the invention being analyzed is patentable or not. A patentability analysis requires both technical and legal expertise. Technical expertise is essential in order to understand the invention and pick the right prior art while legal expertise is required in order to understand the scope of each prior art document and analyze the patentability of the invention.