Category: invalidity search

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Freedom To Operate Search

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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

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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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