This document provides an overview of patent search and analysis services from BananaIP Counsels. It describes performing prior art searches using free databases like Google Patents or paid databases. The search process involves using keywords, synonyms, and Boolean operators. Other sources of information like citations, inventors, and family members can also be searched. The document outlines various types of patent analyses including patentability analysis, landscape analysis, infringement analysis, freedom to operate analysis, and determining if a product or process falls within the scope of patent claims. An example infringement analysis is included to illustrate the process. Risks of patent rights like litigation risks are also mentioned.
2. Patent search
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-Performed to uncover related prior arts/references
-What are prior arts?
-Can vary depending on the analysis
-Criteria?
5. Search process
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-Keyword searches
-Detailed as possible
-Use as many synonyms/variations in terminology as
possible
-Boolean operators
6. Examples of searches
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-A flexible hollow cylindrical length of plastic, where
both ends of the cylinder are open. The diameter of
the cylinder may be very small, as compared to the
height of the cylinder. The plastic may be of a single
colour or may have a design on the outer surface.
9. Patentabilty Analysis
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-Determining whether an invention is patentable
-Any publicly available document
-Novelty
-Non-obviousness
10. Landscape analysis
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-To create a landscape of patents and published
patent applications relating to an area of technology
which is of interest
-Listing of patents/patent applications classified
according to multiple categories.
11. Infringement analysis
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- To determine whether a product/process
infringes a claim of a patent
-All the elements of the claim (or their
equivalent) should be present in the
product/process
-Priority date
12. Freedom to Operate
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-To determine if a product/process can be
practiced in one or more jurisdictions of interest, in
light of valid patents and published patent
applications which have been filed in the
jurisdictions of interest
-Patents that are valid in the jurisdiction of interest
13. Getting around patents
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-Performing a search
-Determining the scope of the patent(s)
-Determining if your product/process falls within
the scope of the claims of the patent(s) (all
elements/equivalence)
14. Example
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- A device comprising:
a first interface configured to use a first network protocol;
a second interface configured to use a second network
protocol, wherein the first network protocol differs from the
second network protocol; and
a computing device configured to:
-control asynchronous operation of the first interface and the
second interface based on information regarding slot
availability on the first interface and the second interface, and
-enforce a policy related to authorizing access to a
first vehicle bus and a second vehicle bus.
Source: US8601595B2
15. TITLE
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Claim element Present in the
claim (Yes/No)
A device comprising: Yes
a first interface configured to use a first network
protocol;
Yes
a second interface configured to use a second
network protocol, wherein the first network
protocol differs from the second network
protocol; and
Yes
a computing device configured to: Yes
control asynchronous operation of the first
interface and the second interface based on
information regarding slot availability on the first
interface and the second interface, and
Yes
enforce a policy related to authorizing access
to a first vehicle bus and a second vehicle bus.
Yes/No
Source: US8601595B2
16. Risks
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-Make, use, sell, offer for sale, and import
-Negative rights
-Litigation risks
-Mitigations