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Patent Search And Portfolio Analysis
COMPANY PROFILE
Talwar & Talwar Consultancy is an ISO 27001 certified organization. Provides top quality patent prosecution support, patent litigation support and other specialized support services. Provides customize expertise in the fields of Mechanical Engineering, Telecommunications, Software, Semiconductors, Wireless & Wired Technology etc.. Provides specialized patent prosecution and patent litigation support to patent law firms, attorneys, inventors and corporations in US, India, Canada and Japan. Provides high quality off services such as patent drafting, legal research and document review.
Patent Search And Portfolio Analysis
INTRODUCTION TO IPR
Property or value associated with human intellect is called as intellectual property . To protect this right intellectual property right came into existence. Intellectual Property (IP) allows to own things in a similar way to owning physical property. The use of your IP can be controlled as well as used to gain reward. This encourages further innovation and creativity. Different types of IP’s are available for different types of products.
Patent Search And Portfolio Analysis
DIFFERENT TYPES OF IPR’S
• Patents
o Industrial Design
• Trademarks • Copyright
o Related Rights
• Other IPRs:
o o o o o Trade Secrets Protection of Layouts of IC Geographical Indications Protection of New Varieties of Plants Unfair Competition
Patent Search And Portfolio Analysis
DIFFERENT TYPES OF IP IN SINGLE INVENTION
A Registered trademarks could protect design could protect names or logos used on this mobile phone or jingles used to advertise it. Copy right protects the ring tones and instruction manual of this mobile phone. It also protect any website content viewed on it
Patent could protect the working parts or the process used to make this mobile.
A Registered design could protect the shape of this mobile phone.
Patent Search And Portfolio Analysis
WHAT IS A PATENT?
• A patent is a set of exclusive rights granted by a state (national government) to an inventor or their assignee for a limited period of time in exchange for a public disclosure of an invention. • Patents are usually granted for a term of 20 years from filing or 17 years from date of issuance, whichever is longer. • Like the owner can sell the whole or part of this property ,the inventor can also grant licenses to other to use or exploit its patent. • Patents are territorial in scope i.e. it is valid in that only country in which it is being granted.
Patent Search And Portfolio Analysis
CONDITION FOR PATENTABLE INVENTION
Novelty
o Must be different from anything before o Must not have been described in prior publication. o Must not have been publicly used or sold.
Utility
o The claimed invention must be useful. o It must be functional according to its intended purpose.
Non Obviousness
o Must not be readily apparent to one who is skilled in the particular art to which the invention pertains.
Patent Search And Portfolio Analysis
PATENT SEARCH
• A patent search is the process by which prior inventions or ideas are examined, with the goal being to find information that bears close similarity to a given patent or proposed invention. • A Patent Search is a review of previous patents and publications to see what has previously been done. • It is a search carried out to discover if an idea has already been patented. • It is an essential first step in taking an idea to market as interested parties will always want to know that an idea is original before choosing to get involved.
Patent Search And Portfolio Analysis
FLOW DIAGRAM OF SEARCH STRATEGY
Understanding the Invention Think of terms or phrases that are relevant Find classification and keywords of interest Identify and select all classifications of interest List frequent classification Use phrase to conduct keyword search Patent document set # 1 Look upwards in catchword Index to identify classification List all classification and Conduct Search
Patent Search And Portfolio Analysis
TYPES OF PATENT SEARCH
Novelty Search
o Newly conceived invention is different enough from prior art. o Also called as Patentability Search. o To determine if the invention is novel before the inventor commits the resource necessary to obtain the patent. o Search includes patent databases, patent applications and scientific literatures, etc.
Clearance Search
o Determining if a given product or process would infringe upon any inforce patent claims. o Searching targeting patents being in force.
Patent Search And Portfolio Analysis
TYPES OF PATENT SEARCH (Contd.)
o May be limited to particular or group of countries. o Also known as Infringement Search or Freedom To Operate(FTO) Search or Right to Use.
Validity Search
o A intent of finding prior art to invalidate a pre-existing patent. o Also referred to as Invalidity Search. o Purpose is to find prior art that the patent examiner overlooked so that a patent can be declared invalid.
State of the Art Search
o Purpose of providing a general review of given area of technology.
Patent Search And Portfolio Analysis
TECHNIQUES TO SEARCH PATENTS
Keyword Based Search
o Identify one, two or more words to describe an invention. o These words are the “keywords” which will be used for patent searching for the invention you want to research.
Searching by Patent Classification
o Patent classification is the way by which the examiners of patent officers or other people arrange patent inventions or disclosing inventions. o These are arranged according to the technical features of the inventions. o Broadly there are three types of Patent Classification Systems:
Patent Search And Portfolio Analysis
TECHNIQUES TO SEARCH PATENTS (Contd.)
o United States Patent Classification (USPC) o International Patent Classification (IPC) o European Classification (ECLA)
Hand Search
o Patent in a class/sub class is quickly reviewed.
Assignee Based Search
o First step is to identify key assignees or companies that are active in the technological domain. o Then the patents of the companies are identified.
Patent Search And Portfolio Analysis
TECHNIQUES TO SEARCH PATENTS (Contd.)
Inventor Based Search
o Initially key inventors or scientists that are active in the domain are identified. o Then the patents filed by these inventors are searched.
Combination
o Any combination of the above mentioned approaches can also be used for searching patents.
Patent Search And Portfolio Analysis
WHY DO PATENT SEARCH?
Is my invention new?
Who owns it already? Can I get a patent for my invention? Where to focus in Research & Development?
Patent Search And Portfolio Analysis
WHO NEEDS PATENT SEARCH
Inventors & Scientists
Patent Search And Portfolio Analysis
Patent Search And Portfolio Analysis
COMPANY PROFILE
Talwar & Talwar Consultancy is an ISO 27001 certified organization. Provides top quality patent prosecution support, patent litigation support and other specialized support services. Provides customize expertise in the fields of Mechanical Engineering, Telecommunications, Software, Semiconductors, Wireless & Wired Technology etc.. Provides specialized patent prosecution and patent litigation support to patent law firms, attorneys, inventors and corporations in US, India, Canada and Japan. Provides high quality off services such as patent drafting, legal research and document review.
Patent Search And Portfolio Analysis
INTRODUCTION TO IPR
Property or value associated with human intellect is called as intellectual property . To protect this right intellectual property right came into existence. Intellectual Property (IP) allows to own things in a similar way to owning physical property. The use of your IP can be controlled as well as used to gain reward. This encourages further innovation and creativity. Different types of IP’s are available for different types of products.
Patent Search And Portfolio Analysis
DIFFERENT TYPES OF IPR’S
• Patents
o Industrial Design
• Trademarks • Copyright
o Related Rights
• Other IPRs:
o o o o o Trade Secrets Protection of Layouts of IC Geographical Indications Protection of New Varieties of Plants Unfair Competition
Patent Search And Portfolio Analysis
DIFFERENT TYPES OF IP IN SINGLE INVENTION
A Registered trademarks could protect design could protect names or logos used on this mobile phone or jingles used to advertise it. Copy right protects the ring tones and instruction manual of this mobile phone. It also protect any website content viewed on it
Patent could protect the working parts or the process used to make this mobile.
A Registered design could protect the shape of this mobile phone.
Patent Search And Portfolio Analysis
WHAT IS A PATENT?
• A patent is a set of exclusive rights granted by a state (national government) to an inventor or their assignee for a limited period of time in exchange for a public disclosure of an invention. • Patents are usually granted for a term of 20 years from filing or 17 years from date of issuance, whichever is longer. • Like the owner can sell the whole or part of this property ,the inventor can also grant licenses to other to use or exploit its patent. • Patents are territorial in scope i.e. it is valid in that only country in which it is being granted.
Patent Search And Portfolio Analysis
CONDITION FOR PATENTABLE INVENTION
Novelty
o Must be different from anything before o Must not have been described in prior publication. o Must not have been publicly used or sold.
Utility
o The claimed invention must be useful. o It must be functional according to its intended purpose.
Non Obviousness
o Must not be readily apparent to one who is skilled in the particular art to which the invention pertains.
Patent Search And Portfolio Analysis
PATENT SEARCH
• A patent search is the process by which prior inventions or ideas are examined, with the goal being to find information that bears close similarity to a given patent or proposed invention. • A Patent Search is a review of previous patents and publications to see what has previously been done. • It is a search carried out to discover if an idea has already been patented. • It is an essential first step in taking an idea to market as interested parties will always want to know that an idea is original before choosing to get involved.
Patent Search And Portfolio Analysis
FLOW DIAGRAM OF SEARCH STRATEGY
Understanding the Invention Think of terms or phrases that are relevant Find classification and keywords of interest Identify and select all classifications of interest List frequent classification Use phrase to conduct keyword search Patent document set # 1 Look upwards in catchword Index to identify classification List all classification and Conduct Search
Patent Search And Portfolio Analysis
TYPES OF PATENT SEARCH
Novelty Search
o Newly conceived invention is different enough from prior art. o Also called as Patentability Search. o To determine if the invention is novel before the inventor commits the resource necessary to obtain the patent. o Search includes patent databases, patent applications and scientific literatures, etc.
Clearance Search
o Determining if a given product or process would infringe upon any inforce patent claims. o Searching targeting patents being in force.
Patent Search And Portfolio Analysis
TYPES OF PATENT SEARCH (Contd.)
o May be limited to particular or group of countries. o Also known as Infringement Search or Freedom To Operate(FTO) Search or Right to Use.
Validity Search
o A intent of finding prior art to invalidate a pre-existing patent. o Also referred to as Invalidity Search. o Purpose is to find prior art that the patent examiner overlooked so that a patent can be declared invalid.
State of the Art Search
o Purpose of providing a general review of given area of technology.
Patent Search And Portfolio Analysis
TECHNIQUES TO SEARCH PATENTS
Keyword Based Search
o Identify one, two or more words to describe an invention. o These words are the “keywords” which will be used for patent searching for the invention you want to research.
Searching by Patent Classification
o Patent classification is the way by which the examiners of patent officers or other people arrange patent inventions or disclosing inventions. o These are arranged according to the technical features of the inventions. o Broadly there are three types of Patent Classification Systems:
Patent Search And Portfolio Analysis
TECHNIQUES TO SEARCH PATENTS (Contd.)
o United States Patent Classification (USPC) o International Patent Classification (IPC) o European Classification (ECLA)
Hand Search
o Patent in a class/sub class is quickly reviewed.
Assignee Based Search
o First step is to identify key assignees or companies that are active in the technological domain. o Then the patents of the companies are identified.
Patent Search And Portfolio Analysis
TECHNIQUES TO SEARCH PATENTS (Contd.)
Inventor Based Search
o Initially key inventors or scientists that are active in the domain are identified. o Then the patents filed by these inventors are searched.
Combination
o Any combination of the above mentioned approaches can also be used for searching patents.
Patent Search And Portfolio Analysis
WHY DO PATENT SEARCH?
Is my invention new?
Who owns it already? Can I get a patent for my invention? Where to focus in Research & Development?
Patent Search And Portfolio Analysis
WHO NEEDS PATENT SEARCH
Inventors & Scientists
Patent Search And Portfolio Analysis
Patent Search And Portfolio Analysis
