Patent Searches By Shakeel


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Types of Patent Searches

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Patent Searches By Shakeel

  1. 1. PATENT SEARCHES By Shakeel
  2. 2. Patentability Search: <ul><li>Useful prior to preparing and filing a patent application. </li></ul><ul><li>Help in determing whether to pursue patent protection and may indicate what issues arise during examination. </li></ul><ul><li>Helps writer of patent application construct claims to achieve broadest possible protection </li></ul><ul><li>What the searcher needs to know to search successfully is to understand the details of invention and novelty, better the results he achieve. </li></ul><ul><li>The fact to be remembered that the prior art that the searcher cannot locate may haunt the patent owner later and the missed prior art may be used to invalidate the granted patent. </li></ul>
  3. 3. Validity Searches: (Invalidity searches) <ul><li>Used to determine the absolute novelty at the time of invention. </li></ul><ul><li>Subject features of this search are claims (of a utility patent) or drawings (of a design patent). </li></ul><ul><li>Patent and non-patent literature is searched for relevancy prior to the earliest claimed priority date of the patent in question. </li></ul><ul><li>The search would include full patent specifications and claims of global patents filed on or before that date. </li></ul><ul><li>Conducted after publication of patent application or issuance of patent. </li></ul><ul><li>With this search, claims are validated against all prior art </li></ul><ul><li>These are often result of potential patent infringement or a potentially profitable business opportunity. </li></ul>
  4. 4. Infringement Searches: <ul><li>Used to determine whether an enforceable patent claims the same matter as your concept or unpatented invention. </li></ul><ul><li>Search include only unexpired patents. </li></ul><ul><li>Ideally, the searched is started by comparing a set of written claims against the claims of relevant in-force patents. </li></ul><ul><li>Useful tool is to construct a claims comparison chart that compares the in-force patent claims with subject matter of the disclosure. </li></ul><ul><li>Search is needed pior to making, ussing or selling a product where you migh suspect the evidence of patent technology. </li></ul><ul><li>Professional infringement search is directed to the claims of all in-force patents and patent applications. </li></ul>
  5. 5. <ul><li>Search is conducted only in the patent documents of the country or patent authority of alleged infringement. </li></ul><ul><li>You would not search the patent documents of countries or authorities where infringement has not been alleged. </li></ul><ul><li>You would not search non-patent literature. </li></ul><ul><li>Need to locate not only exact claimed invention, but also one of broader scope. </li></ul>
  6. 6. Clearance Search: (FTO Searches) <ul><li>Used to determine whether a party has clearance to make, use and sell inventive concept. </li></ul><ul><li>Clearance is established when confirmed that a patent has not been infringed or otherwise expired. </li></ul><ul><li>Need prior to bringing a product to market. The organization wants to avoid alleged infringement. </li></ul><ul><li>A clearance opinion drafted by patent counsel that forecasts the potential for infringement of an issued patent or pending patent application. </li></ul><ul><li>Clearance searches are broader than infringement searches as defines whether the technology may be used or protected around the world not just in the country of possible infringement) and whether it may used freely without allegations of infringment or need of licensing. </li></ul><ul><li>Clearance search is also done after the issue of grant patent. </li></ul>
  7. 7. <ul><li>Professional clearance search include review of global patents and published patent applications expired and un-expired) and non-patent literature. </li></ul>
  8. 8. Patent Landscape: <ul><li>It is an comprehensive state of art search </li></ul><ul><li>It is deeper analysis of patent and non-patent references. </li></ul><ul><li>Search may represented as visual display of patenting over time periods, the history of technology’s development, key innovative groups over the time period etc. </li></ul><ul><li>Helps monitor markets of interest, improve your research and development, identify which patents will have significant commercial value, confirm which inventions are in public domain, understading the competitors and identifying future ones. </li></ul>