Category: infringement searches

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Freedom To Operate Search

Freedom to Operate Search, also known as Clearance Search or Right to use search is performed to check and identify whether any in-force patents or published patent applications with claims that cover the technology, process, or product the inventor is targeting.

Simply, it is used to ascertain the freedom to operate the invention in a particular jurisdiction from a legal point of view that the product or process utilized or carried out by the inventor is not infringing on any live patent’s claim.

If during the FTO search the invention to be operated is located on a live patent then the inventor may:

  • Not proceed with the invention
  • Invalidate the relevant patent
  • Apply for a license for the relevant patent
  • Buy the relevant patent technology

                                                                                                                 

Why conduct FTO Search?

  1. To identify potential patent barriers and uncover licensing needs in commercializing the products or/and technologies.
  2. To know countries where the patent can be applied.
  3. To map out the technical field of the products, technologies, or processes.
  4. To conduct patent infringement risk assessments, assess the competitors in the same field.
  5. To evaluate the potential for “new”

                                                                                                                   

Our Approach

Before the commercialization of any product/technology, it is essential to conduct a due diligence process to examine the claims of in-force patents as a means of assessing your risk of potential infringement. Thus, an FTO search/ Clearance Search is conducted to locate any granted and alive (in-force) patents or patent applications ensuring that the desired product can be pitched in a specific market (jurisdiction) without infringing or violating anyone’s intellectual property rights within that particular region/country.

Our focus:

  1. In-force patents
  2. Published pending patent applications
  3. An exhaustive search on patent databases based on
  4. Keywords based Searching,
  • Classification based Searching- CPC, IPC, USC, F-terms (For Japanese Patents),

  • Citation Search, Family Search and Semantic Search

FTO Search Reports 

The search reports have detailed analysis of the relevant records in

  • Word Report Format
  • Excel Report Format

We provide customized patent validation or validity Search reports as per client’s requirement. We aim at delivering your search results in a customized format ranging from a full report to a comparative feature matrix, verbal report, or any other delivery mechanism as requested by the client.

Turn Around Time – 4-10 days

So when launching your product in the market conduct the Freedom to operate search or Clearance by professional. Contact us to get in touch with our experts for professional advice.

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Invalidation Searches

Patent invalidity/validity search is basically the analysis to understand the strength of patent claims. A patent invalidity (or patent validity) search can be used to validate the claims made by a patent or to invalidate one or more claims of a competitor’s patent when facing a patent infringement suit. Moreover, these searches also check the strength of a granted patent while exploring licensing options.

The validity search is performed by after the grant of a patent to ensure validity and enforceability of the granted patent. On the other hand, invalidity search is conducted to invalidates the patent that has been or may be asserted.

The key objective of the validity and invalidity search is to point out prior arts which were likely to be overlooked by the patent examiner during the prosecution stage and questions novelty or non-obviousness of the patented invention.

It involves exhaustive and in-depth searching of the patent and non-patent literature search to identify prior arts predating the earliest filing of the patent.

Why conduct Invalidity Searches ?

  1. To determine novelty and inventive step of your patent over other patents.
  2. To invalidate patents when threatened with infringement.
  3. To prepare for licensing and enforcement of patents.
  4. To accurately understand the technology of patent and claims coverage.
  5. Upon receiving a notice from a patent owner for infringement.

OUR APPROACH-

We perform exhaustive searching across various databases and provide references that are relevant to the patent that has to be invalidated. Our comprehensive search strategy includes

  • Keywords based Searching,
  • Classification based Searching- CPC, IPC, USC, F-terms (For Japanese Patents),
  • Assignee And Inventors based Searching,
  • Citation Search, and
  • Family Search
  • Semantic Search.

Invalidity/Validity Search Reports

The search reports have detailed analysis of the relevant records with

  1. Color-coded claim charts
  2. Relevant text highlighting in patent PDFs
  3. Claim/key feature analysis

We provide customized patent validation or validity Search reports as per client’s requirement. We aim at delivering your search results in a customized format ranging from a full report to a comparative feature matrix, verbal report, or any other delivery mechanism as requested by the client.We also provide interim updates time to time to keep the clients updated about the search progress.

Turn Around Time – 3-10 days

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Infringement Searches

A patent is said to be infringed when a product/process violates the rights granted to a patentee by unauthorized making, using, offering for sale or selling the patented invention.

Is my product/process infringing other patents?

To determine infringement of a patent either by a product or a process, we have to analyze the subject patent claims. In particular, the patent claims define the scope of protection granted to a patent.

An in-depth, detailed analysis has to be conducted to find out whether the product/process infringes upon the rights of a patentee.

The product/process is compared with the elements/process steps of the subject patent claim to determine whether the claimed elements/steps exist in the product/process, infringing the patent. A patent is said to be infringed if all the elements of the independent patent claim are located in the product or the product follows the same process as claimed in the invention.

Thus if all the elements in the patent claim map on to the features of the product, the product is infringing upon the patent rights of the patentee.

If the product does not have at least one feature of the patent claim then the product does not infringe upon the patent rights of the patentee. This analysis is referred as infringement analysis/ product mapping/ claim mapping.

Why conduct Infringement Analysis?

Infringement Studies are conducted to determine and measure the scope of infringement in terms of future litigations, earning royalty and/or licensing opportunities.

We at IPR studio, offer strategic solutions to identify technology standards and/or potential products infringing your patent. We mine technical literature to identify products, systems, or services using a similar invention as claimed in the subject patent. The comparison of the infringing product with the subject patent claim is provided as Evidence of Use chart, Claim Chart in textual and/or graphical formats.

Evidence of Use

Evidence of Use (EoU) helps patent owners identify all the potentially infringing products in the marketplace. Our EoU charts focus on manuals, designs, press releases, news, and reviews available publically.

Identifying parts of the alleged infringement that may need to be further tested or reverse engineered is another key part of a good EoU.

We map patent claim elements to specific features of identified products/processes by Collecting, documenting, and properly citing the evidence to demonstrate the indication of the strength of patent infringement assertion.

Claim Charts

A patent claim chart is a visualization of all information of the claim broken down by its specific elements and analyzed to determine and prove infringement has occurred. 

Our Approach

  • Analyzing Patent- Preparing claim charts with independent claim
  • Identifying products, systems, or services using a similar invention claimed in the patent.
  • Mapping Identified elements with product literature, product specifications, patents, figures, and photos to the claims of the subject patent.

Example:

A patent for a table claiming that the table top can be electronically height adjusted and can slide up and down.

The approach to check whether your invented table infringes the patent by checking whether all the elements of the patent claim appear in your product, i.e. whether your table-top can be electronically height adjusted, and can slide up and down.

If your product has all the features of the claimed invention along with new additional features, even then your product infringes upon the patent.

If your product does not have at least one feature mentioned in the elements of the subject patent claim, then your product does not infringe upon the patent.

Our Report

We provide customized services to meet the customer’s specific needs along with intensive client involvement and interaction.

We aim at delivering your search results in a customized format ranging from a full report to a comparative feature matrix, verbal report, or any other delivery mechanism as requested by the client.

  1. Turnover Time- 3-7 days
  2. Delivery-

                 Highlighted copies of references

                 Word report

                  Excel report

Contact Us to get professional advice and we will help you in conducting infringement search for you.

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