A Need for Better Understanding of the Core Elements of Patent Search
The article aims to identify the general definition of patent analysis and the procedure for the same. Moreover, the article also aims to discuss various searches that are associated with Patent analytics i.e., Knock out search, Collection search, Novelty Search, and State of the Art search also known as Prior Art Search.
Patent analytics involves a strategic examination of patents through activities like novelty searches, prior art investigations, and technology landscape studies. It aids in risk management, innovation defence, and offers licensing insights. State of the Art searches explore existing technology, aiding R&D decisions. Novelty searches ensure patent quality, broader claims, and fulfil the duty of disclosure. Knockout searches quickly assess patent viability, beneficial for inventors and corporations. Patent filing involves submitting a patent application adhering to specific regulations. In India, filing can be offline or online, with online methods offering reduced fees and convenience.
Patent analytics systematically analyzes patents, aiding risk management and innovation defense through activities like novelty searches, prior art investigations, and technology landscape studies. State of the Art searches provide insights for R&D decisions, while novelty searches ensure patent quality and broader claims. Knockout searches swiftly assess patent viability, benefiting inventors and corporations. Patent filing offers offline and online courses.
Patent Analytics: A systematic examination approach for patents.
Patent analytics involves the systematic and strategic examination of patents, encompassing various specific activities like novelty searches, patentability assessments, prior art investigations, state-of-the-art analyses, invalidity determinations, validity evaluations, freedom-to-operate assessments, and Patent/Technology Landscape studies. Depending on the specific needs and objectives, individuals or entities may select and engage in one or more of these distinct activities within the realm of patent analytics. It helps in better risk management, and innovation defence and creates new opportunities for the public in the market.
Patent analytics also provides evidence-based licensing information which is derived from data and allows IP commercialization and licensing, innovation policies, etc., Patent analytics constitutes a comprehensive examination of patent-related information to discern significant connections and trends among inventors, pivotal technologies, industries, and geographic distributions. Through this process, it enables the identification of patterns, trends, and potential gaps within the patent landscape. This analysis provides a comprehensive overview of the technological milieu within a specific region or country. Such insights serve as indicators of the national innovation capacity and the relevance of research and development (R&D) endeavors undertaken therein.
Factors determining Need to do Patent search
• Patentability: To determine if an idea or invention has already been patented.
• Collection Search or State of the Art Search: To monitor development or know the state of the part in a specific technology
• Infringement or Validity: To judge possible actions such as opposition proceedings concerning a patent.
Patent Landscape Report: A detailed report of Patents availability.
Now through Patent Analytics, they develop a Patent Landscape Report (PLR) which contains a detailed overview of available technologies found in patent documents that can be of authentic value and a great source for industries and institutions as it will be made through deep analysis of Patents already available and existing.
State of the Art search: Detailed research for determination of R&D segement in Patent.
The state of Art search is also known as prior search which helps in an exhaustive investigation that consolidates the prevailing prior art while providing an overview of the present status within a specific technological domain or sub-domain. This search assists clients in evaluating their Research and Development (R&D) endeavors within the segment, streamlining the decision-making process concerning the advancement of their research initiatives.
Moreover, the prior art search (known as State of the art) is a modern way of detecting all the pre-disclosed information regarding the patentable product so as to help in claiming the originality of the patentable product. An evaluation of a patent application involves an examination against prior art to ascertain its depiction of a genuinely novel invention and assess the eligibility for a patent grant. While this represents just a singular aspect in determining the patentability of an innovation, it is imperative for inventors or entrepreneurs to conduct a meticulous exploration of prior art before initiating a patent application. This exploration should encompass more than solely patent searches, extending to encompass non-patent literature such as scholarly and trade journals, alongside other pertinent publications.
Novelty Search: A quality search for determination of Patent claims.
Novelty search is the best way to improve the patent quality and also helps in various factors which will be defined further:
Crisp information available for claiming a patent: By providing relevant information that is important for the particular technology one can be equipped for broader claims and the information available will be wide enough to get an important patent search for patent’s product.
Doctrine of Equivalents: Conducting independent research before submitting a patent application serves to pre-empt alterations within the application and thereby safeguards the principle of equivalents. This approach proves advantageous in potential litigation scenarios, as it prohibits adversaries from leveraging substantially similar inventions, thus reinforcing the inventor's legal position for which he already own the right to have well searched patentable product.
Duty of Disclosure: Through this, the duty to disclose becomes an important feature, and as per the U.S Patent Office there lies a mandatory duty to disclose each and every information available for the particular patentable product else their patentable product will be cancelled.
Build Litigation Strength: A novelty search often unveils numerous newly found items that can subsequently be included as supplementary information accompanying the patent application. By incorporating these discoveries, the risk diminishes regarding competitors leveraging these unearthed references against the patent in case of any challenges or disputes.
Crucial for businesses and large corporations: The practice of conducting a novelty search offers significant advantages to large corporations and businesses. It serves to validate the novelty and value of patents, assess their competitive positioning, and optimize resource allocation, thereby ensuring efficient utilization of resources within the organization.
Knock Out Search: A preliminary search for determination of patent viability.
The Knockout Search, aptly named for its rapid and cost-effective nature, serves as a preliminary search method to confirm the viability of pursuing patent drafting and filing. This efficient process is instrumental in identifying novel inventions warranting investment.
Knockout searches are favored by individual inventors and corporations alike for their ability to economize the assessment of patentability for inventions. Corporations benefit from these searches due to their swift turnaround and cost efficiency, resulting in a substantial reduction—up to 60-70%—in the number of invention disclosures forwarded for further evaluation. This approach has proven instrumental in enabling our clients to save significant resources in terms of both time and finances.
At Effectual Services, our proficiency lies in conducting Knockout searches that specifically target the novelty aspect of inventions. Leveraging commercial patent databases, our searches focus on three primary filing jurisdictions: the United States, the European Patent Office (EP), and the World Intellectual Property Organization (WIPO). Our reports boast highly structured formats, ensuring ease of comprehension, and are meticulously tailored to meet the unique requirements of our clients.
Patent Filling: A legal procedure for patent recognition at a national level.
In order to secure a patent for an invention, it is essential to submit a patent application to the designated Patent Office. The Government of India has established specific laws and regulations governing the patent filing process, which applicants must adhere to. Compliance with these laws and rules is imperative during the patent filing procedure, wherein technical details of the invention, presented in a prescribed format, along with inventor and applicant particulars, are required.
Patent filing in India offers two distinct methods: offline and online. In the offline method, submission involves physical copies of the necessary documents, whereas the online approach necessitates digital submission of all required documentation. It's important to note that the online filing option entails a reduced fee compared to offline filing for patents in India. Moreover, the online filing method eliminates the requirement for submitting hard copies of documents directly to the Patent office.
The process of Patent Analysis and related Patent searches can definitely help in obtaining the best possible way to claim one's patent of originality. Moreover, through the above ways of patent search the process of patent filing becomes easier as it paves the ground for better claims over one's patent. Hence, it can be concluded through the above-stated reasons in the article how important patent searches become to save both time and money for the inventor. Hence, engaging in patent search before patent filling is of high importance to felicitate better claims over one's patent.
Author : Asma Khan, in case of any query, contact us at Global Patent Filing or write back us via email at email@example.com.