General Faqs
A patent search is the process of examining existing patents to determine whether a particular invention or innovation is already patented. It involves searching through databases of granted patents and pending patent applications to identify prior art, which refers to previously published information about inventions.
Once you have obtained a patent for your invention, it grants you certain exclusive rights to make, use, and sell the patented invention for a specified period. However, it's essential to take proactive steps to enforce and protect your patent rights.
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In the field of Intellectual Property (IP), various types of searches are conducted to gather information, assess the landscape, and make informed decisions. Here are some common types of searches in IP:
- Patentability Search
- Validity/Invalidity Search
- Infringement Search
- Freedom-to-Operate (FTO) Search
- Claim Charting
- Landscape
- Novelty/Prior Art Search
Yes, it is possible to file a patent in multiple countries with multiple languages. A good option is to file an international application under the Patent Cooperation Treaty (PCT), administered by WIPO. However, there isn't a single global patent that protects an invention worldwide. Instead, patents are territorial, and you must file separate patent applications in each country or region where you seek protection.
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Here are some considerations to keep in mind:
- Check if the product you are considering already has existing patents, trademarks, copyrights, or other forms of intellectual property protection. Launching a product that infringes on existing IP can lead to legal consequences.
- Consider if you can bring innovation or differentiation to the product. If you can offer improvements, additional features, better quality, or a unique value proposition, it may be possible to compete effectively.
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Patent Validity Search
A Patent Validity Search, also known as an Invalidity Search, is a type of intellectual property search conducted to assess the validity of an existing patent. This search is typically performed by individuals or businesses who want to challenge the validity of a granted patent, especially if they are facing allegations of patent infringement.
The cost of professional patent validity or invalidity search ranges from USD 1,500 to USD 10,000.
Patent invalidity search is essential for blocking or invalidating competitors’ patents while also strengthening one’s own patent portfolio.
Companies as well as individual inventors can perform a patent invalidity search in-house or avail services of third-party search vendors.
No, there can be no infringement of an invalid patent since it has no legal force or effect. If a patent is invalid, the patent owner cannot assert any IP rights or claims, and third parties may freely use and commercialize the invention without fear of infringement.
Prior Art Search
Prior art is evidence proving that the inventions were known earlier. In simple words, the prior art is a piece of information used by the patent examiner to check the novelty of the patent or invention.
Prior art may include published disclosures, public demonstrations/uses, disclosed to the public by other means, and oral descriptions. If information about the invention or anything similar is already available, a patent application could be rejected. The norms of prior art vary from nation to nation.
Conducting a prior art search is a crucial step in the process of obtaining a patent
or assessing the novelty and patentability of an invention. Here are the general steps involved in conducting a prior art search:
- Define the Scope
- Identify Relevant Patent Offices
- Use Patent Databases
- Keywords Selection
- Classify the Invention
- Document and Analyze Results or many more combined search
It simply indicates that your patent application could be rejected because it is not unique and has already been filed. If you still want to patent your invention, then you may change the claims or improve/modify your invention.
The prior art may be made on many elements including patents, published patent applications, and non-patent literature. Non-Patent literature may include books, evidence of sale or usage, videos, technical standards, white papers, journals, physical forms, and online resources.
Yes, sometimes a minute inference can sue your invention. Since patent filing is an expensive process, you must ensure that your invention is original by conducting a patentability search.
A patent search is useful to know if your invention already exists or is similar to any other invention which already exists. You can explore patent databases and the available resources like books or publications for the same.
Patentability Search
A Novelty Search, also known as a Patentability Search, is a type of intellectual property search conducted to assess the novelty and patentability of a new invention or innovation. The primary goal of this search is to determine whether the proposed invention is novel and non-obvious compared to existing prior art.
The cost of the search depends on a firm to firm, and the search requirements. It may vary from $200 to $2000 or higher depending on the search firm.
Absolutely, you've highlighted an important point. While individuals can certainly attempt to conduct a patentability search on their own, there are advantages to seeking the assistance of professional patent search experts or patent attorneys. Here are some additional reasons why individuals may choose to engage professionals for a patentability search:
- Expertise in Search Techniques
- Access to Specialized Databases
- Understanding of Legal Aspects
- Thoroughness and Accuracy
- Objective Analysis
Conducting a thorough Patentability or State of the Art Search involves a structured
and systematic approach. Here are steps to help you perform an effective patentability search:
- Define the Invention Clearly
- Identify Relevant Keywords and Phrases
- Use Patent Classification Codes
- Search in Multiple Patent Databases
Yes, a Patentability search must be done before the filing of a patent because an invention expends a lot of effort and expenses, so before filing, an inventor must be sure whether others have already staked a claim for that invention.
Patent Drafting & Drawings
Patent drafting involves preparing the necessary documentation and written description of an invention for the purpose of filing a patent application with a patent office. The goal is to provide a clear and comprehensive disclosure of the invention that satisfies the legal requirements for obtaining a patent.
The cost of the search depends on a firm to firm, and the search requirements. It may vary from $300 to $2000 or higher depending on the search firm.
Identifying the core invention or concept that needs to be protected is a fundamental step in the patent drafting process. This involves clearly defining the inventive aspects that provide a unique and novel solution to a particular problem or challenge. Here are some considerations to determine the core invention:
- Problem or Challenge
- Inventive Solution
- Novelty and Uniqueness
- Advantages and Benefits
- Inventive Step or Non-Obviousness
The key features of an invention that should be illustrated in patent drawings depend
on the nature of the invention. Patent drawings serve to visually represent the invention and enhance the understanding of the written description.
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Identifying the problem or challenge that an invention aims to solve is a critical
aspect of the invention disclosure and patent drafting process. Articulating the problem provides context and helps in understanding the motivation behind the invention.
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FTO Search
An FTO search, or Freedom-to-Operate search, is a type of intellectual property search conducted to assess whether a proposed product, process, or technology may infringe upon existing patents or intellectual property rights. The purpose of an FTO search is to determine whether there are any obstacles or risks associated with launching, manufacturing, or using a particular invention in a specific geographic area.
The cost of the search depends on a firm to firm, and the search requirements. It may vary from $300 to $2000 or higher depending on the search firm.
The specific technology, product, or process for which a Freedom-to-Operate (FTO) search is conducted refers to the invention or innovation that an individual or company is planning to bring to the market. The FTO search aims to assess whether the proposed technology, product, or process may infringe on existing patents or intellectual property rights.
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A Freedom-to-Operate (FTO) search is conducted to assess whether a proposed product, process, or technology may infringe upon existing patents or intellectual property rights.
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The Freedom-to-Operate (FTO) search aims to address the challenge of potential infringement on existing patents or intellectual property rights when launching a new product, process, or technology.
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