Patentability Search
Patentability search enables one to check the patentability of an invention before applying for patent protection. The patentability search analysis report helps a client in making the final decision of filing for patent registration.
Further, patentability assessment helps in drafting a patent specification in highlighting the true novelty of the invention.
The report is a comprehensive search report that cites similar patents and relevant literature to help ascertain the probability of a patent grant to an invention.
Additionally, the analysis report also opines on the specifics of the invention that can be patented and the scope of protection that would be granted.
Before an inventor/applicant applies for a patent, it is prudent on his part to assess whether any similar invention already exists in the prior art.
Patenting an invention involves investment as well as dedicated effort and time. To ensure that resources are not spent un-gainfully, one should assess the patentability of one’s invention.
A patentability assessment would help the inventors determine whether applying for a patent would justify the expenses.
Patentability search assesses the patentability of an invention by assessing the three basic elements required for seeking patent protection, namely, novelty, non-obviousness, and usefulness. Besides these elements, it also assesses whether any similar inventions are available in the prior art.
Now, you have a clear understanding of why patent search is important before proceeding to file a patent.
How can Intepat sail through with your success?
At Intepat, the patent search is conducted in subscribed patent databases that cover patents from around the globe. And also, A domain-relevant literature search is conducted.
The patentability search report cites details of the relevant patent/prior art documents, along with our detailed analysis of the same. Our opinion on the patentability of the invention is also provided in detail.
Moreover, our search opinion will include the features present in your invention and analysis of relevant prior art results. The conclusion of the report categorically provides a clear and concise decision on filing a patent.
Additionally, electronic copies of the patents are provided for our client’s perusal. The results of the search report are provided within 7 -9 days working days.
Finally, our search opinion will give provide you insight into the patentability of your invention with confidence and success.
Patent Infringement Analysis
Patent infringement analysis is conducted in order to determine whether a product or a process infringes upon an existing patent claim.
Firstly, the scope of the claim should be determined to conduct a patent infringement analysis. Secondly, it should be checked whether all elements of the claim are present in the device or process.
One or more dependent claim includes each limitation of the claims from which it depends. A product cannot infringe the dependent claims if the product does not infringe an independent claim. Therefore, the independent claims are primarily analyzed for patent infringement.
Patent infringement can be of two types. ie., literal infringement or doctrine of equivalence.
Under literal infringement, an accused device or process is considered to be infringing when all the elements of the claim are found in the accused device or process. Here, you can get a clear picture of the consequences of the infringement of a patent.
Under the doctrine of equivalence, the accused device or process does not literally infringe on the claims. However, equivalent infringement occurs when the accused device or process achieves the same result as the claimed invention while performing substantially the same function as that of the claimed invention.
The patentee can request an infringement analysis of whether a product or process infringes the patent claims of the patent. Further, the product owner can request for patent infringement analysis as to whether their product or process infringes a patent.
Understanding claim construction and determining whether there is infringement risk is a complex process that often involves esoteric analysis.
We, at Intepat, perform an intensive study with a claim chart of a patent and identify the elements of the claims using our established methodology to identify the infringement of a device or process in reference to the patent claim.
We shall provide you with a sample analysis report based on your request. Talk to our patent experts to discuss your need and approach to get desired search analysis.
Freedom to Operate Search
“Freedom to Operate search” is conducted to mitigate the risks of infringement of patents in a particular region or country. This search can facilitate taking a particular action, such as launching, developing, or producing a product, without infringing the IP rights of others.
Freedom to Operate (FTO) search may also refer to as a “Right to Use Search.”
Conducting the freedom-to-operate search is a necessary step to avoid IP infringements. Particularly, this search can be conducted for the R&D, product development companies, and technology companies before commercializing products and launching a new product, process, or service.
The Freedom To Operate search includes a comprehensive patent search to identify and analyze un-expired patents and published patent applications that are present in the jurisdiction of interest.
Though there are different types of patent searches, it is important to understand the difference between FTO search, prior art, and invalidation search.
How Intepat can simplify the FTO search method:
We at Intepat have delivered numerous FTO analysis reports pertaining to various domains and regions.
Our patent analysts conduct region-country-specific comprehensive searches. Particularly, our patent analysts have extensive patent search experience, a deep understanding of technology, and various patent search strategies.
We have had the experience of interpreting the patent claims and specifications in the FTO Search analysis.
Intepat’s patent experts can clearly identify the patent rights of others and empower us to examine the patent with the right point of view to provide detailed opinions on FTO for the products, services, or processes.
An FTO opinion detailing IP rights, IP law relating to a particular jurisdiction (for example, in FTO Search in India, in the US, or Europe), expiry dates of the patents, and assessing how the patented claims might be invalid is rendered to our clients. The search analysis and report are provided within 15 working days.
Prior Art Search
Prior art search is important to decide the status of technology in reference to advancement in the field.
The prior art search includes a search of patent literature and non-patent literature. It is conducted with a specific goal of getting closely relevant prior art, patents, and/or published patent applications equivalent to the specific technology.
The motivation for performing this search is to precisely draw out the need for the present innovation. Here, you can understand the difference between patentability and prior art searches.
Based on the report, will clearly specify the technical issues connected with the current technology and provide solutions for the technical issues and the variance between the prior art and an invention for which the search is needed.
Primarily the search relating to state-of-art search helps the client list down the state-of-art technology. Additionally, it aids in creating ideas for research & development and reducing investment in R&D. It also assists in identifying technical answers to problems, assessing particular innovations, and watching technological trends.
“We understand exactly what you require.”
We will identify your exact requirement and strategize the method for enabling customized search to achieve our client goal.
The patent search, including the state-of-art search, is conducted in subscribed patent databases that cover patents and prior arts from around the globe.
Apart from the patent database, we at Intepat search for prior art from various non-patent literature, such as academic papers, books, journals, product literature, and online and offline publications.
At Intepat, we believe that the context of the search, as well as the search methodology, is equally important.
The search report cites details of the relevant patent/prior art documents, along with our detailed analysis of the same. Our search report confines the client’s request and need.
Additionally, electronic copies of the prior art are provided for our client’s perusal. The result of a search report is provided within ten working days.
Patent Invalidity Search
A patent invalidity search as well as a patent validity search, is conducted after the grant/issuance of the patent.
The search methodology of both remains the same, but the objective differs.
The patent validity search is to validate the enforcement of patented claims and arrive at the patent’s valuation.
On the other hand, the patent invalidity search is conducted to invalidate one or more claims of patents. It may use the invalidation report in the patent litigation proceedings or file a post-grant opposition in India.
Patent Invalidity Search
A patent invalidation search is performed to identify documents or prior use that may reduce the claims of a granted patent, thus invalidating it. The search aims to uncover prior art or prior use that limits the scope of the granted patent.
The invalidation search is a comprehensive search carried out by our expert professionals to invalidate patents successfully.
Detailed research is conducted to determine whether the claims of a particular patent are valid or invalid when analyzed and compared to the prior art available before the filing date.
At Intepat, we understand your patents from a commercial viewpoint and have expertise in conducting several patent validity searches/ invalidity searches.
Further, we conduct prior-art searches from patents, published patent applications, and non-patent literature, such as books, journals, relevant literature, and internet publications, apart from gathering information from prosecution history or file wrapper.
We go beyond simple claim comparison and understand the entire specification of the claims at issue.
Additionally, physical embodiments of the products and evidence of the sale and public use may be provided wherever retrievable.
Besides conducting a comprehensive validity/invalidity search, we advise clients on the right IP strategy based on these search results.
Our search report typically consists of the search report, claim chart, and electronic copies of the cited prior art. We provide clients with expert analysis of possible prior art that can be used to invalidate/validate a patent. We deliver the invalidity search report within 10 to 15 days.
Patent Landscape
A patent landscape analysis helps our client to understand the market involving a particular technology, the latest development involving such technology, and the strengths of its competitors. The analysis helps a client to make crucial decisions and strategies concerning the R&D of a product, investing in some regions of technology, identifying patent trends, and understanding the competitors’ strategies, among others.
The landscape analysis gives one a picture of its competitors and determines the IP portfolios of the companies involved and where a product if launched, will stand in the market.
Many research-oriented companies look into the technology landscape before venturing into R&D in a specific technological field. It eases commercialization breakthroughs by making it easier to identify the area with significant competition (and hence, more patent problems) and in which area remains relatively free from much competition (hence, easier patenting and market domination).
The patent landscape not only helps to understand the market and develop a patent strategy, but it also helps one to understand the trends in the market, identify its competitors and the activities undertaken by its competitors, trends affecting specific technological subspecialties, and in which region is the research activity happening.
At Intepat, an exhaustive search and detailed analysis of the documents (patent and non-patent literature) is prepared to understand the technology domain of our client’s interest. We represent the data graphically and provide a detailed technology taxonomy to derive maximum value from the available resources. The report concentrates on the detailed analysis of specific technologies and can be customized per the client’s requirement.
Patent Watch Services
The patent watch and alert services can be categorized into technology-based watch services or competitor-based watch services. The patent watch services can be tailor-made to suit your needs.
Technology-based watch services:
The watch and alert services are provided to update our clients on the latest development in their interest field of technology, which can unleash business opportunities. The specialized services enable our clients to monitor and track the recently issued patents and published patent applications and new inventions in the field of interest periodically, for example, weekly, monthly, and quarterly. This specific services are provided to our clients to alert the legal status and progress of patent prosecution of the published patent applications in the field of interest.
Competitor-based watch services:
The patent watch services can also assist clients in monitoring and alerting the recently issued patents and/or published patent applications in connection with the competitors or inventors of the competitors. Further, the more specific search is focused on identifying competitors’ published patent applications’ status and progress. The competitor patent watch is to find abandoned, expired, or rejected competitors’ patents that can be used without any patent infringement or mitigate legal risk.
We at Intepat provide search reports based on our client’s needs and deliver cost-efficient and quality patent watch and alert services to keep our clients updated on recent developments in the field of interest.
Patent Portfolio Analysis
A patent portfolio analysis is conducted to identify a company’s patents and patent applications. The portfolio included issued patents and published patent applications.
A company or entity may request to compare its patent portfolio with another company/competitor’s patent portfolio.
The comparison is to identify the strengths and weaknesses of their portfolio. Further, this comparison can identify competitive strengths, weaknesses, opportunities, and threats.
We at Intepat perform detailed portfolio analysis to provide you with complete insight into your portfolio.
Our analysis search report can help you to strategize in IP investment. Further, based on the request, we may provide regular portfolio analysis to determine the technical field activity.
The portfolio analysis is performed on the classification and assessment of the patent portfolio. This analysis helps our clients identify the patents that are not relevant to business and abandon those that do not have any market value for the business goal. The portfolio analysis is performed to classify in a manner to help companies to understand their competitive position.
