Patent Search
Today’s generation is the result of a fast changing technical landscape, innovation in economic growth, and competitive advantages. patents are so vital for all of these technologies. Because there is a large market for invention, yet most of the time we are denying one thing: copying. This type of activity defines ‘capable of industrial application’ in terms of an invention’s ability to be manufactured or employed in an industry.
However, filing a patent requires searching all patents. The comprehensive guidance provided by Blackty Legal Services India LLP will help you understand all the intricacies of patent search. And you will get detailed information about it on important, supporting equipment, cost and infrastructure.
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What is a Patent ?
Patent is a legal document given by the government authority of our country. Which grants an inventor the exclusive right to his invention for a fixed period of time.This specification prevents individuals from using or selling the invention without permission. Patents are basically categorized into 3 types:
- Utility Patents: Grants are made to new and useful business institutions, articles of manufacture, or structures of materials, or to any new and useful improvement thereof.
- Design Patents: It provides grants for new, original and decorative designs for any object of construction.
- Plant Patents: It provides grants for discovery and invention of distinctive and new varieties of plants.
Importance of patent searches
Patent searches play an important role in the patent application process for a variety of reasons:
- Determining Novelty: This makes sure that your invention is new, and has not been shared before or patented which are conditions to get a patent.
- Avoiding Infringement: Discloses patents that already exist in the marketplace which could cause a lawsuit.
- Refining invention: is the service that assists inventors to test their designs by giving them a peek, what all has already been done with technologies and inventions around.
- Assessing marketability: Delivers current data on trends in the markets, and what your competition is doing to make beneficial decisions.
Types of Patent Searches
There are many types of patent searches and the objectives for each are very different from each other:
- Novelty Search: A novelty search is conducted to confirm that an invention is new and seek out any prior art such as existing patents or publications. These are one of the key type in determining how “new” an invention is for patentability.
- Freedom to Operate (FTO) Search: This type of search helps identify existing patents that may be infringed by the manufacturing of a product or process. This is extremely useful in evaluating breach risks and making informed business decisions.
- Invalidity Search: It is also known as pre-litigation search and patent busting aur Is conducted to find prior art that may kill/invalidate a competitor’s patent. This is typically done during a patent litigation matter or opposition proceedings.
- State of the Art Search: Simply keeping abreast of the latest advancements and trends in hardware technology as a researcher or developer to give an overview of the existing technology in a specified field can be very beneficial.
- Patent Landscape Analysis: Its functions include studying patenting activity in a particular technology sector, identifying key players, trends and gaps in the market and Patent Landscape Analysis can be used to improve strategic planning and innovation management.
Patent Search Tools
There are a variety of databases and tools that facilitate patent searches:
- Google Patents: It is actually a straightforward and efficient resource for accessing patents from different countries. which makes Google Patents so popular for basic searches is its clean and easy-to-use interface combined with advanced search options.
(https://patents.google.com/)
- United States Patent and Trademark Office (USPTO) Database: This is the source used to search US patents and has many possibilities to offer search preferences such as keyword, inventor, assignee or classification search.
(https://www.uspto.gov/)
- European Patent Office (EPO): It is massive international, patent information repository. And It facilitates more than 120 million patents from all over the globe to be accessed.
(https://worldwide.espacenet.com/)
- World Intellectual Property Organization (WIPO) – PATENTSCOPE: These are very useful for getting access to the PCT international patent applications and offer advanced search and multilingual support also.
- Paid Databases: Other tools in paid databases include Derwent Innovation, PatBase and LexisNexis which provide clients with additional search functions, statistics and complete patent databases. These tools are generally preferred by patent professionals and organizations to conduct more thorough searches.
Conducting a Patent Search
There are many steps involved in conducting a complete patent search. That’s why we’ve provided a detailed guidance here to help you navigate this procedure:
- Define the Scope: The role of the invention shall be described in a clear and specific manner as well as the objective of the search. Determine the components of the invention that must be researched.
- Use Keywords and Classifications: It is necessary to come up with a list of keywords and patent classification regarding the invention. And these should help narrow the search.
- Search Multiple Databases: Search in different databases to increase the probability of covering all sources that might be important for the research. Begin with less specific terms and add more specific ones to the search query.
- Review and Analyze Results: Try to carefully read through the results of the search in order to check the presence of a certain patent and publication. After identifying the prior art, compare the aspects of your invention with the identified reference.
- Document the Search Process: Tracking of identified databases, keywords and results of the search process to facilitate document use. This document is useful and may be needed later in case of a patent application.
Best Practices for Patent Search
It is important to follow some specific best practices for an effective patent search.
Use classification codes: Classify patents and applications into different technological areas using international patent classification schemes For instance, use the Cooperative Patent Classification (CPC) schema in the U.S.
- Use specialized databases: Databases that provide information regarding patents related to some specific subject. Another example is SciFinder for chemical information in patents.
- Search by patent number: If you have a patent number, or if your application has been given a publication which enables its corresponding document to be easily located via any one of the various publicly-accessible on-line databases such as Espacenet. Alternatively, you can Google for the title or patent number.
- Be careful with search results: There are no restrictions on the types of patents that appear in search results; Their invention may also be desirable, so keep in mind that they remain meaningful.
Best practices in our area of expertise
Conduct a thorough search for similar inventions or technologies before filing a patent application. This can help you save time and money, and identify potential risks.
What we can offer ?
Blacktie Legal Services India LLP can offer a variety of valuable services in patent search, catering to different needs throughout the innovation process. Here’s a breakdown of some key offerings:
- Novelty and Patent-ability Searches:
- Focus: Assess the likelihood of obtaining a patent for a new invention.
- Services: Search existing patents and scientific literature to identify similar inventions (“prior art”) that could impact patent-ability.
- Benefits: Helps inventors understand the novelty of their idea and make informed decisions about pursuing a patent application.
- Freedom-to-Operate Searches:
- Focus: Evaluate if a planned product or process might infringe on existing patents.
- Services: Search relevant patent databases to identify patents that could pose infringement risks.
- Benefits: Helps companies avoid potential legal issues and costly infringement lawsuits.
- Competitive Landscape Searches:
- Focus: Understand the competitive landscape in a specific technological area.
- Services: Analyze patent filings from competitors and identify trends, key players, and potential areas for innovation.
- Benefits: Provides valuable insights for developing new products, identifying potential partners, and making informed business decisions.
- Patent Watching and Alert Services:
- Focus: Stay up-to-date on new patents being filed in relevant technological areas.
- Services: Set up automated alerts based on keywords or competitor names to receive notifications about new patent filings.
- Benefits: Enables companies to track competitor activity, identify potential threats or opportunities, and keep abreast of the latest technological advancements.
- Advanced Patent Analytic:
- Focus: Gain deeper insights from patent data using sophisticated analysis tools.
- Services: Analyze patent trends, identify technological white spaces, and assess the technical merit and potential impact of inventions based on patent data.
- Benefits: Provides valuable data for strategic decision-making, technology roadmapping, and R&D investment allocation.
In addition to these core services, Blacktie may also offer customized search strategies, patent portfolio analysis, and support with international patent searches.