Patentability vs Knockout Patent Search: Key Differences You Should Know | IIP Search
When it comes to securing intellectual property rights, inventors and businesses face a critical decision—choosing the right type of patent search. Among the most common are the patentability search and the knockout patent search. At first glance, both may appear similar since they deal with prior art. However, their depth, cost, timing, and ultimate purpose differ significantly.
This blog explores these differences in detail. We will look at when each type of search is most useful, highlight case studies, and address frequently asked questions. By the end, you’ll have clarity on which search best suits your needs.
What Is a Patentability Search?
A patentability search is an in-depth investigation into whether an invention meets the core requirements for patent protection—novelty, non-obviousness, and industrial applicability.
This type of search goes beyond a surface-level check. It examines worldwide databases, including:
-
Granted patents
-
Published applications
-
Scientific literature
-
Journals, conference proceedings, and industry disclosures
The results help determine if the invention is truly new and whether a patent examiner might reject it.
Patentability searches are essential for inventors preparing to file applications. They not only reduce the risk of rejection but also assist patent attorneys in drafting strong claims that strategically distinguish an invention from prior art.
Example
Imagine a startup developing a new type of water purification device. Before filing, they conduct a patentability search. The search reveals several similar systems but highlights how their invention introduces a unique chemical filtration step. The attorney uses this insight to craft claims focusing on that feature, improving the chances of patent approval.
Purpose of a Patentability Search
The core purpose is to assess the likelihood of patent grant. It helps inventors and businesses answer key questions:
-
Is the invention genuinely new?
-
Are there prior art references that could block protection?
-
How should claims be drafted to avoid overlaps?
A patentability search is often used to make strategic business decisions—such as whether to invest further in development or adjust design features. It also reassures investors that the technology has the potential for exclusivity.
When to Conduct a Patentability Search
The ideal time is before filing a patent application. This is especially important when:
-
Startups are preparing for fundraising and need to show novelty.
-
Companies are planning global filings and need clarity across jurisdictions.
-
Inventors want to avoid wasting money on applications likely to face rejection.
In short, a patentability search is a vital step for those serious about building a strong IP portfolio.
What Is a Knockout Patent Search?
A knockout patent search is quicker, more cost-effective, and designed to spot obvious prior art that could immediately block a patent application.
Instead of reviewing thousands of sources in detail, it focuses on:
-
Patent databases
-
High-level screening of published inventions
-
Closest references to the new idea
It’s not as detailed as a patentability search, but it acts as a fast filter to determine whether pursuing the invention is worthwhile.
Example
Consider an inventor working on a smartphone charging case. A knockout search reveals nearly identical patents already in force. The inventor decides not to spend thousands of dollars filing a doomed application. Instead, they pivot toward developing a unique wireless charging feature. The quick knockout search saves time and money.
Purpose of a Knockout Search
The goal is to eliminate clearly unpatentable ideas early. It ensures resources are not wasted on inventions that fail novelty tests at the first hurdle.
This is especially valuable for organizations handling many invention disclosures. A knockout search helps filter ideas before committing to detailed evaluations or attorney costs.
When to Conduct a Knockout Search
A knockout search is best used:
-
At the idea stage, before heavy investment.
-
When companies evaluate multiple invention disclosures at once.
-
For startups that want a quick answer on whether an idea is worth patenting.
It works well as the first step, often followed by a more detailed patentability search if results look promising.
Patentability vs Knockout Search: Main Differences
Although both searches identify prior art, their scope and purpose differ.
Scope of Search
-
Patentability Search: Broad, covering patents, applications, and non-patent literature across multiple countries.
-
Knockout Search: Narrow, focusing on closest references in patent databases.
Cost and Time Factors
-
Patentability Search: Higher cost, more time (often several weeks).
-
Knockout Search: Lower cost, faster results (sometimes a few days).
Use Cases in IP Strategy
-
Patentability Search: For serious patent applicants, startups seeking funding, and companies filing internationally.
-
Knockout Search: For early idea screening, quick assessments, and portfolio management.
Case Study: Startup Decision-Making
A health-tech startup had two potential products—an AI-powered diagnostic device and a wearable fitness tracker.
They commissioned knockout searches for both. The fitness tracker idea was quickly abandoned when the search uncovered near-identical patents. The diagnostic device, however, showed promise.
They followed up with a full patentability search, which confirmed novelty. The results gave confidence to investors, leading to successful funding.
This case highlights how using both searches in sequence creates efficiency: knockout search as a filter, patentability search for depth.
Choosing the Right Search for Your Needs
The choice depends on your goals:
-
If you want to screen multiple ideas quickly, go with a knockout search.
-
If you’re ready to file and want strong claims, invest in a patentability search.
-
If budget allows, use both in stages—first knockout, then patentability.
This layered approach prevents wasted investment while ensuring strong long-term IP protection.
FAQs
Q1. Is a knockout search enough before filing a patent?
No. A knockout search is helpful for early decisions but lacks the depth needed for strong patent applications. A patentability search is recommended before filing.
Q2. How long does each search take?
A knockout search may take just a few days. A patentability search can take 2–3 weeks, depending on scope.
Q3. Which search is more cost-effective?
Knockout searches are cheaper. However, skipping a patentability search may cost more in the long run if your application is rejected.
Q4. Can startups rely only on a knockout search?
Startups can begin with a knockout search for speed, but investors usually prefer the stronger assurance of a patentability search.
Q5. Do patent offices accept results from these searches?
No. These searches are advisory tools for inventors and businesses. Patent offices conduct their own examinations.
Final Thoughts and Next Steps
Both searches are valuable, but they serve different purposes.
-
A knockout search helps eliminate weak ideas early.
-
A patentability search builds confidence and strengthens filings.
-
Used together, they form a smart, staged approach to innovation protection.
Choosing the right search can mean the difference between saving thousands in wasted costs and successfully securing exclusive rights.
Take the next step with Knockout Patent Search Services from IIP Search and safeguard your innovation journey with confidence.
Comments
Post a Comment