Patent Searching
Patentability Search
A Patentability Search / Novelty search / Prior Art Search is performed to evaluate the patentability of an invention. This should help to estimate the chances of success of the application, i.e. the chances of obtaining a patent.
Invalidity Search
A Patent Invalidation search is performed to invalidate or revoke an already registered / granted patent claims or for a pre-grant opposition of a published patent application claims. It involves identifying prior art references including patent references and non patent literature.
Freedom to Operate Search
A Freedom To Operate (FTO)/clearance search is performed to assess the risk of potential infringement. Freedom to Operate (FTO) refers to whether it’s commercially ‘safe’ for you to make or sell your product in the country in which you wish to do so, without infringing existing third-party rights.
State Of Art Search
A state of the art search is conducted to attain a comprehensive perspective of a particular technology area. A state of the art search helps to assess the level of development to which a particular area of technical subject matter has advanced at a given date, to help guide further research work
Patentability / Novelty Study
- Definition: A patentability search is an examination to assess whether an invention meets the requirements for obtaining a patent.
- Purpose: Determines if the invention is novel (new) and non-obvious compared to existing technologies.
- Process: Conducted by searching patent databases and other sources for prior art (existing patents, publications, etc.) related to the invention.
- Criteria: Evaluates the invention against patentability standards: novelty (not previously disclosed) and non-obviousness (an unexpected advancement).
- Outcome: Provides insights into the likelihood of successfully obtaining a patent and informs strategic decisions in the patenting process.
Invalidity / Validity Search
An invalidity search, also known as an invalidation search or a patent invalidity search, is a search conducted to identify prior art that could potentially invalidate an existing patent. The purpose of the search is to determine whether there is any prior art that was not considered during the examination process of a patent that could have prevented the patent from being granted. The search is typically conducted when a party wishes to challenge the validity of an existing patent, such as when facing a patent infringement lawsuit. The search can help identify prior art that was not considered during the examination process and that could be used to argue that the patent should not have been granted. The search involves a comprehensive review of various sources of prior art, such as patents, scientific literature, and other publicly available information, to determine whether there is any relevant prior art that could potentially invalidate the patent. The results of the search are then analyzed to determine whether the identified prior art is strong enough to challenge the validity of the patent. Overall, an invalidity search is an important step in the patent litigation process to help parties assess the strength of their case and determine whether it is worthwhile to challenge the validity of an existing patent.
Freedom To Operate/ Clearance Search
Freedom to operate (FTO) refers to the ability to conduct business or pursue a particular activity without infringing on the intellectual property rights of others. In particular, it refers to the absence of any existing patents or other intellectual property rights that would prevent a company or individual from using, manufacturing, selling, or otherwise commercializing a particular product or process. FTO is particularly important in the field of innovation and technology, where many products and processes are protected by patents or other forms of intellectual property. Before launching a new product or engaging in a new activity, it is important to conduct an FTO analysis to ensure that there are no existing patents or other intellectual property rights that would prevent the company or individual from operating freely. FTO analysis involves conducting a comprehensive search and analysis of relevant patents and other forms of intellectual property. The goal is to identify any existing patents or other intellectual property rights that could potentially be infringed upon by the proposed product or activity, and to evaluate the risks associated with such infringement. Ultimately, FTO analysis helps companies and individuals avoid legal disputes and costly litigation by identifying and addressing potential intellectual property issues before they arise.