Prior Art Search and Invalidity Analysis

Clearance Search / Right-to-Use Search / Freedom-to-Operate Search / Freedom-to-Practice Search

         Freedom-To-Operate study identifies whether a product may possibly infringe on the claims of a valid patent. In freedom to operate search, the claim language of the third-party in-force patents is compared with the specifications of a product. It is advisable to conduct a Freedom-To-Operate (FTO) search before the launch of a new product in any jurisdiction. The information gathered through a FTO search helps in avoiding any legal hassles of infringement after the launch. A well-researched FTO report could avoid costly infringement proceedings and delays in product release.

Our Role

         Our FTO search locates the patent publications having features similar to those of product for your consideration in addition to in-force patents that help you assess whether your client can freely operate your product / invention / process without risk of infringing upon a competitors patent.

          Combination of rich & diverse experience, expertise, thorough understanding, intelligence and cost effectiveness sets us apart from others. We have conducted state of the art searches for various Fortune 500 players in the past. We remain in sync with you by communicating our findings in a progress report for timely-reviews. We provide a well informative report that helps you identify if your product or process is likely to infringe any in-force patents.

Design Search

         Design Patent is a patent which covers the design or ornamentation of a non-natural object. Design patent gives the novel appearance to the object and does not change the functionality. Before your client spend time and money filing an application for an industrial design, you may wish to conduct a search to see what other industrial designs exist. A search will help your client to conclude whether your industrial design is likely to be original and get registered.

Our Role

         Conducting a design search is a very complicated and technical process, and conducting an accurate and thorough search can be very difficult. The copy does not have to be exact for the patent to be infringed. It only has to be substantially similar. The searcher will have to check for various possible versions of your clients design. � And here we come into the picture. We have the expertise and vast experience to search and compare subject designs to other existing designs to reach the conclusion whether your clients design can be registered. We provide cost effective searches with unparalleled high quality.

Invalidity/ Validity Search

         When confronted by patent infringement claims, best way to defend your clients product is to prove theasserted patent invalid. Otherwise in cases, where you are considering licensing, buying or selling a patent or asserting a patent and want to ensure that patent is enforceable, a patent validity search can be done to assess the strength of the concerned patent to withstand an attack on its validity. It helps you to take informed decision and strong position.

Our Role

         We build a strong case to be your ultimate prior art search partner. We stand firm in the market as we have delivered unparalleled high quality results in previous cases for various Fortune 500 companies. To execute an all-out attack on a patent, the combination of expertise, competence, experience and cost effectiveness gives us the fine edge and much needed capability to surprise you with unexpected pieces of prior arts.
         At Researchwire, the core belief is that result is certainly out there and is within reach. This belief has turned into a proven theory over the period of time.

Generally our validity Searches includes the following:

  • A search of US and foreign patent documents.
  • A search of patent related literature, non-patent literature and various publications, journals and databases.
  • Classification and keyword based search.
  • Hybrid search.
  • Citation analysis of the relevant prior art identified.

         To properly decipher a patent claim, one must understand the technology behind it. With Strong technical background and ample knowledge of law, Researchwire team cuts through the legal jargon and offers technically precise interpretation of the claims. Our team has experience of working with top US attorneys in matters related to claim constructions.

         We offer exhaustive search for key-features of concerned claims. Generally, there are different patent laws for different countries and uncovered prior-arts should conform to the laws of the concerned country. Therefore, we have an in-house team of experts to train and guide our technical researchers about relevant laws. You only need to provide the patent number and the claims of interest and we will conduct an extensive search of US and foreign patents, publications and technical literature. We also conduct a foreign language search on clients request to cover Japanese, Chinese and Korean prior art.

         We also provide a report for the search which includes relevant prior arts, additional prior arts (along with bibliographic details), search strategy, key features, keywords, classes, key assignees, key-inventors. Claim charts consisting of mapping of relevant prior arts with respect to key-features of the claims are also provided along with the report which helps you understand the validity or invalidity scope of the claims of the subject patent in the light of the prior arts.

Patentability Search

         The patentability search, also referred to as a Novelty search / Pre-examination search, is the most common type of patent search. Patentability searches are conducted when an inventor has an invention to be patented, and wishes to find out if anyone has previously invented or disclosed anything similar or identical to his invention. A patentability search is aimed to give an idea whether patent application is suitably drafted to outline novel inventive step. One can assess the prospects of securing legal protection for invention by getting patentability search done before incurring substantial amount of fees in preparing, filing and prosecuting or attempting to prosecute a patent application. With this search, one can also get the idea whether the efforts and expense to fully develop and market the concept are worthy. In addition to evaluating patentability, patentability search helps in drawing the limits of claims while drafting a patent for the invention. This search not only makes the application process easier but also helps to strengthen the invention against the validity issues.

Our Role

         Coming to the issue of finding a good search firm, we stand firm in the market as we have delivered unparalleled high quality in cases for various Fortune 500 players. Combination of expertise, competence, diverse experience and cost effectiveness give us a fine edge and much needed capability to surprise you with unexpected prior art. We provide a search report for patentability which comprises patents, journals, books, articles and other technical disclosures with charts mapped in detail to the concepts which enables you to get first-hand idea of the picture. We are always ready to customize our search and related solutions as per your specific requirement. Our patentability search strategies include but are not limited to Keyword based search, IPC / CPC and US classification search, Inventor and Assignee based search and hybrid search.

         We are very strict about information security in house to ensure complete data security. If required, our team would be happy to execute Confidentiality / Non-disclosure agreement with you.

State of the Art Search

         State of the Art Search is conducted to provide the perspective of the current developments in a given technological domain. During this search, the searcher has to deal with redundancy as he / she has to cite patents representative of the specific technology and not every patent related to that specific technology.

         You may want to have information about the current scenario in a specific technological field, to find out potential companies to buy in / sell out the license technology, to track current / future competitors, to know about the advancement of particular countries in the specific field, to identify new areas for investment, to plan mergers & acquisitions, to make right decisions concerning product introduction/ development, to know technology trends and to make strategic IP and business decisions.

Our Role

         Our state of the art searches will help you to make better informed decisions, before incurring any additional cost in relation to your patent strategies. This search covers all issued patents, published patents and other publications. Our researchers smartly adapt the challenges to cater to your needs as you may wish to have know-how of inventors, assignees, classifications and filing dates in the search.