Types of Patent Searches
Types of searches
- Patentability : search for a concept to determine whether it is known in its totality (i.e., is essentially disclosed in a patent, corresponding to 35 USC 102) or is obvious patent teachings (corresponding to 35 USC 103); useful for determining whether to file a patent application and its scope
- Validity (or Invalidity): search for the claimed features of an issued (active) patent; useful for challengers of patent holders, especially to determine whether an issued patent is valid or determine the scope of its enforcement
- State-of-the-art: search for recent patents (usually within 20 years) for a patent concept; useful for inventors-to-be who wish to assess the current technology pertaining to their concept in order to focus or refocus their efforts towards unknown or less known features
- Right-to-use/Right-to-operate/Right-to-practice: search for claimed features in an issued (active) patent as well as disclosed features in expired patents; useful for individuals or companies who are prepared to market or commercialize a product (right-to-use) or an apparatus (right-to-operate) or a process (right-to-practice), but who seek to avoid infringing on expired patents, while seeking to prepare for possible challenges by obtaining evidence in expired patents (i.e., "public domain" patents)
- Infringement: search for claimed features in issued (active) patents; useful for patent-holders who want to determine conficts of patent claims with other active patents
- Novelty: search for features in patents, both expired and active for essentially the same inventive concept in its totality; useful for inventors-to-be who wish to verify the uniqueness of their concept - questions of obviousness are avoided by the searcher and left to be determined by the client