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Information Bank

Patents

Patent Search

Introduction:

Patent search is the first and crucial step in the process of patent registration. When a person has an exceptional idea for an invention, it may be original in the inventor’s knowledge, but a patent application should not be filed based on that assumption. There could be a number of similar inventions that would elicit opposition. To save time and money, it is therefore recommended that a person conduct a patent search before filing for a patent application.

What is a Patent Search?

A patent search is a search of published patent applications and issued patents for inventions that may be regarded as relevant “prior art” references when submitting a patent application. Anything that is in the public domain, whether it has a patent or not, is considered prior art. It provides an overview of the information about the proposed innovation that is available in the public domain. Thereby assisting the inventor to establish the patentability of their proposed invention by finding and comparing relevant patent or non-patent references that match or are similar.

How is a Patent Search Conducted?

The foremost step while conducting a patent search is understanding its concept. Following which, the important steps that must be kept in mind are:

  1. Identifying the Key Features of the Invention: Listing down the critical characteristics of the invention ensures that all elements of the idea are covered, such that its duplication with other inventions can be identified and eliminated.
  2. Search on Patent Databases: The search can be carried out on both online databases as well as ones with a commercial subscription. A few of the prominent online databases are Google Patents, Espacenet, USPTO, WIPO Patent Search, Lens, etc.
  3. Search Methodology: There are mainly 5 strategies that are employed while conducting a patent search:
  4. Key-String Search: This method involves using keywords to conduct search over different patent databases. The words that define the invention along with their synonymous terms are determined, which together form key-strings. Thereafter, these key-strings are used in the patent database search query.
  5. Patent-Classification Search: It is imperative to identify the class or classes to which the proposed invention belongs. In this search method, patents are categorised according to their technical content such that the specific technology used by them can be readily recognized. This method refines the search and helps in identifying relevant patent specifications.
  6. Citation-Based Search: Citations are references to prior technology and can be obtained from key-string search and patent-classification search. Following which, the cited documents are analysed to discover other relevant references.
  7. Assignee-Based Search: A list of assignees/ applicants is extracted from the appropriate results of the key-string search. Then the name of a particular assignee/ applicant is entered into the database to gather information about the type and number of patents credited to their name.
  8. Inventor-Based Search: In this method, the inventors’ names are added as a query in the database, from the list of inventors that is derived from the pertinent patent documents.
  9. Analysis Report: Lastly, for the information of the inventor, the findings accrued from the aforementioned search techniques are summarized into a report.

Types of Patent Searches:

Patent search can be categorized into five types:

  1. Freedom to Operate (FTO) Search: Simply having a patent on an invention does not grant a right to operate. Freedom to operate search helps in determining whether a product or invention is commercially viable in view of existing in-force patents, and if so, does it infringe on any other patent or not. FTO search is also known Clearance Search or Right to Use Search.
  2. Patentability/ Novelty Search: This search is crucial to ascertain if the invention is original, non-obvious, and industrially applicable, i.e., whether it qualifies as patentable subject matter or not. Thereby, determining the likelihood of the invention getting a patent. Patentability Search also yields valuable information to the inventors such as other competitors in the same operating space.
  3. State-of-the-Art Search: Simply put, a state-of-the-art search is a comprehensive market analysis of all patent and non-patent literature to find out if there are any comparable technologies available. Additionally, this search reveals information about competitors and the advancement of technology in the area of interest.
  4. Patent/ Technology Landscape Analysis: It is a more complex type of state-of-the-art search and necessitates a deeper comprehension of technological advancements, important companies, current and potential competitors, and changes in the chronological trend. This entails doing a thorough search and analysis of Patent data in a specified object-oriented manner.
  5. Validity/ Invalidity Search: This search evaluates whether a patent obtained for an invention is legitimate or not, when compared to prior are that was published before the patent application was filed. The goal here, is to call into question the validity/ enforceability of the claims of appetent issued by the Patent Office.

Conclusion:

Patent registration is a time-consuming and expensive process. By assessing the patentability of the proposed invention, patent search guarantees that the inventor’s time and resources are not wasted. Additionally, patent-infringement lawsuits can also be prevented with the help pf a patent search. This concludes that, although conducting a patent search is exhausting, it is a worthy endeavour and is therefore, highly recommended.