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| Intention of Patent Searches |
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| Types of Patent Searches |
| Freedom to operate (FTO/FTP)/Right to Use Search |
| This service decides whether a particular product, process, or composition of matter can be made and marketed nationally or internationally. |
Points to consider –
In-force patents
Geographical areas of interest & Claims |
| Patentability / Novelty |
| A review of prior art to determine NOVELTY, UTILITY (industrial applicability), NON-OBVIOUSNESS which are mandatory to obtain a patent, thus assisting in making patent application decisions |
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| Validity/Invalidity |
Accelerated Examination Search |
To study the possibilities and ways to oppose or invalidate a competitor’s patent that is in force, in whole or in part, or to review and reaffirm the validity of the client’s patent with respect to the patent prior art thus assisting in enforcing or defending subject patent in litigation/licensing
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An extended novelty search with preparation of an accelerated examination report which makes possible a faster (usually within 12 months) prosecution of the patent at the US Patent and Trademark Office.
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| Infringement/Non-infringement/Clearance |
Design Search (US only) |
Non/infringement search is conducted to show that the product, process or composition of matter that is contemplated to be manufactured/patented/pending patent does not fall within the scope of the claims of a patent prior art.
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A search of patents granted on the ornamental design of a functional item. Design patents are a type of industrial design right. Ornamental designs of jewellery, furniture, beverage containers and computer icons are examples of the subjects of design patents.
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| State of the art / collection search |
Opposition Search |
State-of-the-art searches helps the client to know the latest technological advancements in his/her area of expertise thereby assisting in patent portfolio development, competition scoping, or research decisions
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An extended novelty search formatted for opposition position (assists in submitting prior art to patent offices against other filed patent applications). |
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Patentability Search |
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Our standard patentability search is intended to locate patents which help you to determine the patentability, novelty, and non-obviousness of your invention. If feasible, we search both the utility and design features of your invention. This provides you with the option of pursuing both design and utility patent protection. This common search finds the most related prior-art patents pertinent to the patentability of your invention. Typically, 5-15 prior-art patents are found and may serve as a basis for a patentability opinion, and are submitted in an invention disclosure statement with your patent applications filing. |
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Validity Search |
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A validity search is designed to locate prior art patents which predates the effective filing date of the patent being investigated and which may be used to challenge the validity of the claims in that patent. A proper validity search will address each and every claim of the patent under scrutiny, and all relevant patents discovered will be reviewed in Shepherd’s Citations to assist you in your analysis. A validity search can serves as a basis for a legal opinion against infringement or as due diligence prior to selling or license a patent. File wrappers can be obtained and reviewed when authorized. |
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Infringement Search |
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An infringement search normally involves the careful review of unexpired U.S. patents to locate claims which read on the invention at issue. Additionally, analogous art areas are also investigated and supplied to assist you to address the issue of contributory infringement. The most relevant patents will be reviewed in Shepherd’s Citations to assist you in your analysis. |
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Right to Use/Clearance Search |
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A right to use or clearance search normally includes a complete infringement search through unexpired U.S. patents which could present a possible infringement problem with respect to the invention at issue, and a very limited validity search through both expired and unexpired patents and publications which might be used to invalidate any patents that might cause an infringement situation. Another reason in locating expired patents is to provide proof that an invention is already in the public domain. |
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Collection Search |
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A collection search will normally involve the collecting of ALL U.S. patents relating to a particular invention or subject matter. Any patent that is relevant to the invention will be included. This type of search can produce from 20 to 300 patents, depending on the scope of the invention. This search can be limited by specifying certain years, limiting the number of located patents, specifying assignees or inventors, or providing more specific information on the invention. |
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State of the Art Search |
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A state of the art search is directed to finding patents that represents the general state of art (technology) to a particular type of invention or subject matter. A state of the art search is similar to a collection search but the searcher is allowed judgment in selecting patents. This type of search normally locates patents from the last 15 to 20 years, including published patent applications. |
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Technical Literature Search |
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A technical literature search involves the review non-patent documents from online computer databases. The non-patent documents may include magazines, newspapers, journals, and other documents. |
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Assignment/Patentee Search |
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An assignment search discovers patents that were assigned at issue or after issue to a particular company or entity. An abstract of title can be obtained for a patent, at an additional charge. A patentee search discovers patents that were invented by a particular person. |
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Trademark Search |
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A trademark search involves the review of trademarks having a similar mark, and in similar goods and services, as your product name. Federal and state trademarks can be reviewed. |
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A tool for creative thinking (Allow researchers and inventors to find new solutions to technical problem – TRIZ)