Patentability/Novelty Searches
A patentability search is the most important for any invention before filing for a patent as this search can help decide whether the invention is patentable and whether the invention can overcome the novelty and obviousness criteria and ensure that the invention is worth patenting. This search should be performed by every inventor to avoid rejection of the patent by the patent office.
Invalidity/Validity Searches
These kinds of searches are performed usually after the grant of a patent. The purpose of an invalidity search is to find prior art that the patent examiner might have overlooked or missed during the examination of the invention so that a patent can be declared invalid. This is usually done by an infringing entity, or it might be done by a patent owner or other entity that has a financial stake in a patent to confirm the validity of the patent.
Freedom-to-Operate-Search
It is a search performed for issued patents to see if a given product or process violates someone else’s existing patent. Therefore, this can be used to determine if a particular action, such as testing or selling a product can be done without infringing upon valid IPRs of others. This kind of search is essential before commercially exploiting a new product or process as it can provide details about valid patents that can hinder the exploitation of the invention.
Patent infringement search
A patent infringement search, also referred to as “evidence of use search (EoU)” identifies potential infringing products or services against a particular patent. The EoU Search is performed to help patent owners identify potentially infringing products in the marketplace. The purpose of EoU search is to identify products or processes in the market that are likely to infringe on the patent owner’s patent.
Patent Landscape Studies
This kind of search report can act as an intelligence tool for an organization because the reports can describe the patent position for a specific technology in a given country, region, or on the global level. They usually start with a state-of-the-art search for the technology of interest in suitable patent databases. The results of the search are then analyzed to answer specific questions like who is doing what? What kind of technologies are filed and where? Or the report can help identify certain patterns of innovation like the current innovation trends, diversity of solutions for a technical problem, collaborations, etc. Patent landscapes can therefore be useful for policy discussions, strategic research planning, or technology transfer.
Methods of Patent Search
Keyword or Concept-Based Search
As a first step patent search can be conducted using a keyword search or combination of concepts or keywords describing the invention. Keywords can also be retrieved from different texts or patents describing the same invention or probably even in a conflicting patent.
Patent Class Based Search
Patent class-based search can make the searches more focused and directed. The classification system is categorized based on the subject matter claimed in the patent. The patent classification is done by the professionals/examiners in patent offices who make the judgment according to the technical content and the subject matter claimed. Several major patent classification systems exist, including U.S patent classification system, international patent classification (IPC), the European Classification system (ECLA), Japanese File Index (F-Index), etc. IPC classification is the most widely used classification system by the patent offices as the IPC is used in more than 100 countries in the world.
In order to search by classification, one must first identify relevant classifications. There are a number of ways to do this; one good technique for identifying relevant classifications is by looking at the face of a patent of interest for the classifications that have been assigned by the patent examiner.
Author/Inventor Name and Assignee Name-Based Search
A patent search can also be performed by identifying patents associated with inventors/assignees who are working in the same domain of interest.
Citation Analysis
Forward and backward citations in the patent document can help identify relevant patents in the same technology and scope.
In conclusion, patent searches are an essential step in the innovation process, offering valuable insights into the existing intellectual property landscape. The different types of patent searches, such as novelty, infringement, freedom-to-operate, and validity searches, serve distinct purposes, from identifying potential patent violations to ensuring a new invention’s uniqueness. Conducting a comprehensive patent search not only minimizes risks but also enhances strategic decision-making by providing crucial information on existing patents, potential competitors, and industry trends. For inventors, entrepreneurs, and businesses, understanding the various types of patent searches is key to protecting their intellectual property and securing a competitive advantage in the market.
– AmanIntellect IP