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Patent Searches – For Corporations And Individuals

To obtain patent protection in almost any jurisdiction an invention must be useful and non-obvious. It must also be new – or more commonly referred to as being novel. A patentability search is a search of the patent literature (publicly available at the time of search).

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1. Patentability

The first rule of a patent is having a unique tangible idea. If your invention is not unique it has no value in the market and does not qualify for a patent. This is where patentability search comes into the picture. We carry out a thorough analysis of your product versus the existing patent in the market.

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2. Non-Infringement

The last thing you want when launching a new product is to be slapped with an infringement dispute. This is where our Non-Infringement Patent Search plays an important role. We have tools and expertise to prevent any such disputes and it all starts with a competitor analysis.

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3. Validity

Patent infringement lawsuits cost millions. This Patent validity search is conducted once your patent is enforced and valid. In case of false allegations and disputing the validity of your patent or vice versa, we conduct a comprehensive prior art search that offers proof for your intellectual property that will stand true in court.

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4. Landscaping

New to the world of patents or your product market? Our landscaping search service is the right one for you. With our years of expertise and advanced patent tools, we can offer a consolidated competitive business intelligence which will allow you to create a strong patent and go-to-market strategy.

PATENT ASPECTS

When we conduct this search on your behalf, it is focused primarily at the question of the current state of the art – the search allows us to identify the key factors that make you “stand out of the crowd” and claim them in your patent application. This search is similar to what the Examiner will do during Patent Examination process – and by performing the search we are able to manage the Examination in a more effective way.

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Patentability Search

Typically, a patentability search is conducted before a patent application is prepared to determine the current state of the art. The search result will help the patent drafter write a patent application that positions the inventive contribution of your new product over the prior art. It will help preempt Examiner rejections and thereby speed up prosecution.

There may not be value in developing your concept further if it is not patentable. If it is, however, the search results can strengthen your patent application by enabling the patent drafter to compose a broad set of claims without encroaching on prior art.

There are numerous other benefits and things you should know about conducting a patentability search – far too many to list here. Please contact us for assistance.

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Non-Infringement Patent Search

Patent infringement occurs when a person or an organization makes, uses, sells, or imports a patented product without permission from the patent owner. Infringement is the commercial harm brought to the patent owner as result of the infringement.

 

It is prudent to exercise care to avoid infringement by ordering and studying search results for similar products and obtaining a non-infringement opinion. Although a non-infringement opinion is not a guarantee of non-infringement, it can serve to reduce the likelihood that your product will become entangled in a patent dispute. Moreover, in certain jurisdictions, if you are found liable for infringement, your damages calculation could be tripled if you can’t prove you took every possible care to avoid infringement – literally, hadn’t obtained non-infringement opinion.

 

We can work with you at any point in the product lifecycle to get your product patented and cleared for commercialization.

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levin consulting patent searches

Patent Validity Search

The time to conduct a validity search is before you assert, license or buy a patent so you can confirm that the patent is in fact enforceable. This assurance puts you in a stronger negotiating position knowing that the patent can weather an attack on its validity. Alternatively, when you are accused of patent infringement, it is time to check the validity of the patent in scope.

 

A patent validity Search is a comprehensive prior art search conducted after the patent has been issued. The search can be used for the purpose of validating the enforceability of a patent’s claims or, depending on your objective, to invalidate one or more claims of a patent. Depending on your purpose for the search it may be referred to as Validity Patent Search or Invalidity Patent Search.

 

If you are confronted with the allegation of a patent infringement, your first line of defense is to prove the patent is invalid. Patent infringement judgments have been known to exceed hundreds of millions of dollars. It is prudent to enlist the help of experienced professionals to provide evidence for your defense. Many clients have engaged our services to help them in/validate patents.

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Patent Landscaping Search

A landscape search will give you crucial information that you need to know about your competitors. You’ll learn what they are patenting in your field, which ones are now entering the market and areas where you could command a competitive advantage. You will receive the most up-to-date analysis of competitors patenting in any area of technology.

 

The best time to order a landscape search is in early-stage R&D phase. The report will help you make decisions that will enhance your business plan and closely align it with your intellectual property strategy. It will help you to minimize risk, discover new opportunities, guide you in the development of future projects and help you shape your IP portfolio.

 

We use proprietary techniques and analytical tools to explore patent databases to produce our landscape search results. Our skills go far beyond conducting effective landscape searches. We also have expertise in all disciplines required to interpret the results and advise you from a technical, legal and business perspective. Our team will provide you an in-depth qualitative evaluation of the patents within particular technology field.

 

We’ll deliver a comprehensive report detailing our findings together with competitive business intelligence and recommendations as to how you can best position yourself within the technology/business sector landscape – all in an easy-to-read format.

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