Tag: Infringement Searches

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.

To Request Sample, Fill in the details below

c
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

c
freedom to operate clearance search invalidity search patentability search state of the art search prior art search product infringement novelty search how to check patent infringement

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.

To Request Sample, Fill in the details below.

c

Patent Search Services

Patent search is a search involving research to data mine the patent and non-patent literature helping the inventor to know about the existing technology before applying for his own “Patent Application”.

Patent Search Services:

    • Prior-art Searches/ Novelty Searches/ Patentability Searches,
    • Infringement Searches,
    • Invalidation Searches,
    • Freedom to operate Searches, and
    • Landscape Searches

Our searchers are advanced degree professionals in science/engineering with international training in a patent search, patent laws, and policies.

Our Strategy

    • Our search team provides in-depth search results based on an extensive search performed on multiple search engines, databases, and libraries for patents and non-patent literature.
    • Our approach is highly consultative, communicative, responsive, and high-touch with our clients to provide an effective search project.
    • 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.
    • Our techno Patent Attorneys understand the level of effort required to conduct all types of patent searches and provide an accurate time frame for every search up front before we start working.

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

Our Search Report

At IPR Studio, we believe that a good search report has both relevant results (Narrow results) and related results (Broad results).

results

We conduct comprehensive customized services in several technical disciplines such as computer software, electrical, mechanical, biomedical, biotechnology, food technology, pharmaceuticals, chemistry, and alike domains.

c
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 

 

c
Mar 18, 2019 - Comprehensive eFiling Services for Patents External website that opens in a new window. Patent Search for 18th Month Publications External ...

Types of Patent Search Strategies

Different Approaches for Patent Searches

Different approaches for searching patent can be categorized under the following heads:

  • Keyword searches,
  • Classification searches,
  • Boolean Searches,
  • Structure searches,
  • Sequence searches, and
  • Image searches

Keyword Searches

The most widely used and basic search category for patent searching involves the use of concepts and terms related to the invention by inserting text characters as search terms. Search term includes alternative terms, synonyms, spelling variations, acronyms. It also helps in finding records related to similar technology area.

Classification Searches

Classification searches are performed used to categorize patents based on a specific code that groups inventions according to the technical area. It is an easy, comprehensive, faster and quicker way of classifying patents as per the subject matter.

Classification systems:

  • International Patent Classification (IPC),
  • United States Patent Classification (USPC),
  • Cooperative Patent Classification (CPC),
  • Japanese FI and F term classification, F stands for “feature”.

Earlier European Patent Classification (ELICA) was also used but to make the classification easier Cooperative Patent Classification (CPC) was introduced. CPC is an extension of the IPC and is jointly managed by the EPO and the US Patent and Trademark Office. 

The classification search is used in combination with other search strategies to yield the best search results to the searcher conducting a search in a particular technical area.

Boolean Searches

Boolean Search is a type of search allowing searches to combine keywords with operators such as AND, NOT and OR to produce more relevant results.

Structure Searches

Structure searches involve searching chemical structures on certain databases based on atom to atom and fragment to fragment indexing of chemical structures. 

Sequence Searches

Sequence searches are used for searching chemical structures on certain database based on nucleotide and protein sequences.

Image Searches

Image searches are conducted on Google platform which allows image to image mapping based on a search algorithm helpful in identifying similar images.

Why perform Patent searching?

Patent Searching is performed:

  • To determine the novelty of the invention and idea by finding similar patents and prior arts.
  • To discover owners of a particular patent or patents in a field of interest.
  • To validate and invalidate the particular patent searching.
c