Category: patent Search

How can I check a patent in India? How do I check if a patent is registered? Who gives patents in India? How many patents does India have?

Patent Prosecution

Patent prosecution is the patent process required to obtain a patent which involves interaction between the Assignee/Inventor or his legal representative and Patent Office with respect to his patent application. During the patent prosecution process, a patent application has to go through the following steps-

  • Filing of the Patent Application- An inventor can file patent application either online or offline at the patent office in any of the respective jurisdictions: Kolkata, Delhi, Mumbai, and Chennai.
  • Publication of the Application- After filing the patent application is published within18 months from the earliest priority date/ filing date of the application. Prior, to the publication the patent application is confidential to the patent office.
  • Request for Examination- A request for examination has to be filed within 48 months from the date of filing of the application or the date of priority whichever is earlier. Request for examination can be pertained either by normal examination route or by Expedited examination route.
  • First Examination Report- After the examination of the patent application by the patent controller/patent examiner a First Examination Report (FER) is issued to the applicant or authorized agent. The FER cites the deficiencies in the patent application in compliance with the Patents Act, 1970 along with the objections in terms of novelty/ inventive step/ industrial aplicability. 
  • Examination Response- The applicant or his legal representative has to draft a reply to FER within 6 months from the date of issuance of FER overcoming the objections cited by the patent examiner.
  • Hearing- Hearing is conducted between controller and patent applicant is to ensure that all objections raised in the patent application are resolved easing the grant procedure.
  • Grant of the Patent Application- When the patent controller/patent examiner is satisfied that the patent application meets all patentability requirements. The granted patent is notified in the patent journal which is published from time to time.
  • Renewal of the Patent Application- In order to keep the patent in force, a renewal fee shall be payable to patent office at the expiration of the second year from the date of the patent or of any succeeding year.
  • Opposition of Patent application- A patent application can be opposed by anyone after the publication of the patent application. There are two types of oppositions-
    • Pre Grant Opposition- Opposition made after publication until grant of patent application.
    • Post Grant Opposition- Opposition made within 12 months after grant of the patent application. 
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freedom to operate ppt freedom to operate software freedom to operate letter "freedom to operate" expired patent freedom to operate clearance search patentability search finnegan freedom to operate

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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patent invalidation process patentability search freedom to operate search infringement search prior art search firms patent validity in india patent invalidation search basics

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

To Request Sample, Fill in the details below

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Multiple terms can be combined together with Boolean operators to form a more complex query (see below). Note:If the english language option has been

Boolean Search

Boolean search is a type of patent searching that enables the users to find relevant results by combining keywords with Boolean operators. Boolean operators are used in all types of patent searching including the patentability search, validity/ invalidity search, prior art searching/ novelty search and the like.

What are boolean operators?

Boolean Operators are simple words used as conjunctions to combine or exclude keywords in a patent search.

General boolean operators are:

1.AND,

2.OR,

3.NOT

The above mention boolean operators are either used alone or in combination to produce focused and productive results by eliminating inappropriate hits.

LET US UNDERSTAND THE BOOLEAN OPERATORS

From the above, we can see if we use OR we have broader results while using AND the results are narrowed down. NOT excludes the results having that specified keyword.

Let us understand more with examples:

The pictorial snapshot illustrates applications containing tennis and applications containing a ball.

The pictorial snapshot illustrates applications containing both tennis and ball.

The pictorial snapshot illustrates results of applications containing either tennis or ball.

The pictorial snapshot illustrates applications containing ball but not the word tennis and applications containing the word tennis but not ball.

From the above examples, boolean searching can easily be understood.

 


Snapshots are taken fromWIPO Search Tools and Strategies 

 

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