Types of Patent Search
1. Novelty Search / Patentability Search
What to be searched in a Patentability Search?
- Full text specification and claims of granted patents and published patents from all major patent offices of the world (World wide database)
- Technical publications (like journals) and non-technical publications (like product brochures)
2.Validity Search
What to be searched in a Validity Search?
- Search is mainly focused on the claims of granted patents and published patents from all major patent offices of the world (World wide database)
- Technical publications (like journals) and non-technical publications (like product brochures)
- All these prior art search should be carried out for documents having priority earlier to that of the date of filing (or date of priority, whichever is earlier) of patent in question. In short, anything published before the date of filing of patent in question.
3. Infringement Search
What to be searched in an Infringement Search?
- Normally only searching of patents is required. Non-patent literature is normally not necessary, since the issue is whether or not the client would infringe an enforceable patent claims.
- Here patent search is further limited by searching it in the database of particular country, wherein the case of infringement is happened or will going to be happened. The reason is that patent having "territorial rights", so patent enforced in one county will not protect your right in another country.
- Only in-force patents are of concern, so we have to limit Patent search by selecting date range of the last 20 years.
- Careful reading of the Claims of each relevant patent is very essential. Remember, it is the Claims, not the descriptions found elsewhere in a patent, which determine what it would take to infringe that patent.
4. Clearance Search / Freedom to operate Search
What to be searched in a Clearance Search?
- It is considered to be combination of Patentability Search + Infringement search
- Full text specification and claims of granted patents and published patents from all major patent offices of the world (World wide database), with special emphasis on enforceable patent claims.
- Search of Expired patents, technical publications (like journals) and non-technical publications (like product brochures) are also to be carried out to learn what exist in public domain and, therefore, is free to use.
5.State-of-the-art search
What to be searched in a State-of-the-art Search?
- Full text specification and claims of granted patents and published patents from all major patent offices of the world (World wide database)
- Technical publications (like journals) and non-technical publications (like product brochures)
- Search is carried out for whole technical field or a part of technical field according to the requirement of person concerned
- It is not limited to unexpired patent like in case of Infringement search
- It is not limited to one inventive concept like in case of Patentability search
6.Patent Landscape Search
The patent landscape study helps:
- To monitor markets of interest
- To identify gaps in and improve your research and development
- To determine which of your prospective patents will have significant commercial value
- To confirm which inventions are now in the public domain
- To give better understanding of current competitors and identity future ones