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A patent is a legal privilege granted to the patent applicant by the government of a specific jurisdiction for his or her innovation. Due to the legal character of patents, numerous legal proceedings are connected to them from the time of filing until the patent expires.
Additionally, there are timelines associated with each legal event. As a result, it’s critical to be informed about all legal developments involving both competitors’ and your own held patents. Utilising the legal environment to secure a competitive advantage, would aid in staying ahead of the competition.
Over the years, technology’s importance in businesses has multiplied. As a result, businesses that develop new technology frequently get patents to safeguard their inventions. The increase in patents has also increased the number of chances for patent licensing & patent litigation cases.
Companies who are subject to infringement lawsuits or seek to avoid them frequently choose to conduct patent invalidity searches so that they can invalidate the competitor’s claims and avoid punitive damages. Also, Claim Charts are prepared to ensure that all claims get mapped properly.
A Prior Art Search reveals the availability of any prior information or knowledge that existed before the priority date of the invention. As an inventor, you need to have a clear idea about how original and non-obvious your innovation is. Later, the inventor can rework his idea to establish novelty in invention so that patent can be granted. As a result, a prior art search will enable you to identify what is already known (prior art) and what is new (invention).
The findings of a prior art search can also be used by an inventor to understand the current
State of the Art in his field of research, which is a secondary benefit. This will provide direction on how the future scope of research might be established.
Purpose of Prior Art Search :
Patentability Search
Prior art discovered through a Patentability Search will help you find new ways to make your idea truly unique and help you make changes to your invention. Analyzing what is already existing in the market will assist you in making better decisions related to your invention
If you wish to get a patent, your invention must fulfil these three considerations. Those considerations are:
Freedom to Operate Search/ Clearance Search
When you want to commercialize your product, you want to ensure that you don’t infringe on someone else’s patent rights. Patents can restrict you from commercially producing or selling your product and you can identify it through Freedom to Operate Search. Freedom to Operate Search is normally performed in the country (jurisdiction) where you intend to market your idea.
Freedom to Operate Search is essential when you want to launch your product in the market.
FTO Search can assist you to avoid any infringement risks while launching your product. It compares your product with a suitable set of patents to identify the level of risk associated with launch of your product in the market.
Validity Search
A Patent Validity Search is conducted to ensure that the granted Patent is valid and enforceable. Validity Search intends to uncover the Prior Arts that could have been missed by the examiner. Patent Validation Search is also done to check the strength of the patent and remove any chances of invalidity later. Validity Search is also conducted in cases of IP Due Diligence.
Invalidation Search
Invalidity Search is conducted as a preventive measure when someone files a Patent Infringement case against an invention. This search is also focused on finding relevant Prior art that could help in proving that the granted patent is not new and therefore should be invalidated. Patent Invalidation Search is conducted to find all documents that can be related to the patent and non-patent literature.