by Kathleen Lynch | Mar 31, 2026 | Entrepreneur, Entrepreneurship, Innovation, Invention, Inventor, Patent, Patent Prosecution, Patentability, Small Business, Start Up, Start Up Considerations, Uncategorized, US Patent Office
A patentability search and assessment is always recommended when evaluating whether your invention would be entitled to meaningful patent protection. The search also helps to inform the inventor and patent attorney where there may be areas of more narrow protection and draft accordingly.
The United States Patent Office recently launched the AI Search Automated Pilot Program. The program is designed to evaluate the examination process by including an automated pre-examination search, and whether the inclusion will improve quality and efficiency of examinations.
The program (ASAP!) will conduct an automated search for original, noncontinuing, nonprovisional applications. The automated search results will be sent to the applicant and will provide an earlier communication regarding potential prior art issues. Under the pilot program, applicants will not be required to respond to the search results.
However, the search results may provide an opportunity to the applicant to file a preliminary amendment in an effort to place the application in a stronger position for allowance. Alternatively, the applicant may wish to file an express abandonment and obtain a fee refund in view of search results that indicate a lack of patentability.
Recently, the U.S. Patent Office has announced that it is waiving the fee requirement for any petition to participate under 37 C.F.R. 1.182 filed after March 23, 2026. This should enable self filing entrepreneurs and inventors to take advantage of this new program for free!
Capitalizing on innovative developments is critical to any organization. Having the right person to help you make those decisions is important. The Law Office of Kathleen Lynch PLLC is designed to help businesses such as yours keep ahead of the game. The first consultation is free. Email us at kl****@*****aw.com.
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by Kathleen Lynch | Aug 18, 2015 | Entrepreneurship, Innovation, Patent Prosecution
Recently I’ve found websites and blog posts promoting your ability to conduct your own patent search. Unless your invention is extremely straightforward, I would not recommend doing that.
The U.S. Patent Office was created in 1802. As such, issued patents were organized by categories or classes and subclasses. As innovation has evolved, the categories of classes and subclasses has evolved and changed considerably. Unless you are extremely familiar with the patent records organization, you are better off spending your money on a professional searcher who will find all of the relevant categorical nooks and crannies. Often times a material, process or structure in your invention may have applicability in areas you have not considered. These need to be identified and pursued in order to obtain a full and thorough search.
Patentability must be based on a complete search to have value. If not, you are spending good money after bad by investing in the preparation and filing of a patent application based on incomplete patent search results. You are better off knowing that your invention is unpatentable than spending money on the preparation and filing of a meaningless application. In addition, your application, and particularly your claims, can be tailored to that patentable space defined not only by your invention but by the relevant prior art found in a good search.
Capitalizing on innovative developments is critical to any organization. Having the right person to help you make those decisions is important. The Law Office of Kathleen Lynch PLLC is designed to help businesses such as yours keep ahead of the game. The first telephone consultation is free. Email us at kl****@*****aw.com.
