Patent Searches
Patent searches are performed through a number of paid and free databases throughout the world according to the objective of the search. The patent search can be performed to identify the state of the art pertaining to a particular invention, patentability of the proposed invention, infringement possibilities, assess the potential of the invention, validity of the patent etc.
Novelty Search
A novelty search primarily determines if an invention is novel. The experienced professionals in the field of intellectual property would agree that it is very difficult to find out an invention which is truly novel with the conventional searches. Mostly there are references in the prior art that anticipate the invention under consideration. Hence the novelty search should be seen more from the angle of obviousness. Novelty searches are carried out to determine whether an invention is obvious or non-obvious. In other words a novelty search ascertains probability of obtaining a patent in the Patent Office on the criteria of non-obviousness. Through understanding of novelty and non-obviousness is very necessary for a searcher of novelty search. At Inrex, the experienced searchers have deep understanding of novelty, non-obviousness and utility of inventions. The distinguished searchers have ability to understand the invention and analyse the invention on the criterion of novelty and non-obviousness while carrying out the searches in the databases.
Patentability Search
Patentability search should not be confused with novelty search. Patentability searches are more detailed and comprehensive than a patentability search. Patentability searches are carried out to achieve various objectives. The patentability search is most suitable for those who decide to file a patent application on the basis of the present state of the prior art. Patentability search is also suitable to find out references in the prior art to invalidate a particular patent. Parties interested in buying a patent are also interested in patentability search to find the value of the patent. Patentability search is useful to decide whether the patent application should be filed in various countries through foreign filing treaties. At Inrex, the search experts have through understanding of the patentability of inventions, market economics/commerce, and utility of inventions. The searching team generates a comprehensive report which is insightful enough that helps clients to come to a decision.
Freedom to Operate Search
This is a search to find out whether a particular activity can be carried out without infringing any intellectual property rights in force by law belonging to others. The Freedom to Operate search is generally abbreviated as FTO search. As the intellectual property rights are country specific hence the FTO search is also focussed as per the location and scope of the activity in question. FTO is about defining the freedom to use the product/process without infringing any intellectual property rights in the form of patents, trademarks, copyrights etc in force at that time by the law in the particular jurisdiction. Enriched databases are very important for FTO searchers. Inrex provides FTO search reports to clients based on the needs and the type of the invention, technology, demographics etc.
Patent Validity Search OR Validity Search
A validity search is generally carried out to see if a particular patent will stand in the litigation matter. The validity search could be an extensive patentability search, however, with a purpose to find if a patented invention is still valid or not. The search is oriented to a particular patent. It makes clear if other patents have claims that invalidate the patent in question. Validity search may also be carried out for determining the value of a patent at the time of licensing the patent.
Infringement Search
The patent infringement search determines if a product/process infringes upon any claim of any patent in force. Only patent databases are considered in infringement searches because only patented inventions are eligible for probable infringements. Not patent literature may not be infringed and hence not considered in infringement search. Understanding and analysis of claims is very important in infringement searches. The infringement searches should be carried out in the earlier stages of development of new produces. Inrex provides patent infringement search reports to clients