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Patent Searching RESEARCH by Genius Geeks

Patent Search: Determine how prior art is similar or different?

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Patent filing requires “money”. Patents have filing fees, professional fees and maintenance fees over the life of the patent and a large amount of money is required for the defence of the patent. A Patent search is carried out inorder to ascertain that the patent generates enough financial gains to justify the cost associated with its filing and the time and expense of moving forward with a patent application is a worthwhile.

For inventors, searching prior-art in the form of patents filed and granted should be the first step in the patent application process. Patent search gives an opportunity to discover which aspects of your invention can be claimed and high quality patent searches can help inventors anticipate about the scope of any patent claim. Without a patent search an inventor will describe the various  aspects of an invention as if they are equally important which won’t be the case.  

A patent is lot more than just a document. Careful assessment of patents found in the search report is tedious but the inventors who really take the time to read the key patents found in the search know its importance in contributing to the decision about whether to move forward with the patent application and then ultimately to meaningfully contribute to the preparation of a patent application.

Unfortunately, a lot of inventors only give a hasty and not thorough review of the patents found, thereby missing a great opportunity to use the prior art found to figure out what is most likely unique and patentable. Inventors perhaps look at the titles, the pictures, maybe read the Abstract and get overwhelmed.

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For this reason inventors frequently choose to hire a patent professional or patent attorney for carrying out patent search. The inventor has the detailed knowledge of the invention, and is in the best position to identify the similarity and differences of the invention with respect to the prior art and the patent professional is in the best position to determine whether those differences will likely contribute to patentability through a collaborative approach.

A detailed compiled disclosure of the invention forms the foundation of a strong patent application. Determining how the prior art is similar and how it is different is essential to being able to gather great detail of information that can be put together while writing a patent application and invariably leads to a far more detailed written description of the invention.

Many a times inventors carry out a patent search themselves before filing a patent application and during the patent examination an exact invention already patented is found. But this is why you do the search!!!!

Thus, It is better to spend a modest amount of money on patent search before filing a patent application to learn about the prior patents instead of spending a lot of money on patent application only to learn later that no patent could be obtained.

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Three Types Of Innovation. Here’s How To Manage Them

Three Types Of Innovation. Here’s How To Manage Them

“Dreamers are mocked as impractical. The truth is they are the most practical, as their innovations lead to progress and a better way of life for all of us.” ― Robin S. Sharma

With a view of generating revenue immediately from new products, a firm should customize the process of product development for different kinds of innovations. For a company the biggest challenges aren’t in coming up with big ideas but in the organizational and management issues that these new ideas bring along.

No matter what a company is dealing in, companies strive to create innovative products and services adequately and accurately.  

“Chance favors the connected mind.” ― Steven Johnson

For an individual to to bring new ideas to market, create more realistic testing and growth expectations and better manage their innovation pipelines, it is important to identify the types of innovations, needs and the correct approach to nurture and grow the type of innovation.

THE THREE TYPES OF INNOVATIONS

To prolong their stay in the market, companies need to come up with sustaining products and services. Sustaining innovations in products or services help any organization raise the bar enough to stay in the game. These innovations can sometimes be thought of as modification of an already existing product.

To significantly up the level of game within an existing category a company should come up with remarkable offerings. The product should be such that seeing it, customers couldn’t help but want it–over time making it the best-selling product.

“Progress is made by lazy men looking for easier ways to do things.” ― Robert A. Heinlein

When we think about an innovation, many of us have some sort of ideas in our mind. Such breakthrough ideas are called disruptive innovations because they disrupt the current market behavior, rendering existing solutions old-school, transforming values, and bringing previously marginal customers and companies into the center of attention.

The Social media could be considered a disruptive innovation within sports. More specifically, the social media has radically changed the way that news in sports circulates nowadays. Social media has created a new market for sports that was not around before in the sense that players and fans have instant access to information related to sports.

“In a world of change, the learners shall inherit the earth, while the learned shall find themselves perfectly suited for a world that no longer exists.” ― Eric Hoffer

To help explain the difference between these three types of innovations, let’s look at the coffee industry. Maxwell House came up with a dark roast version of coffee, it introduced a sustaining innovation. A new flavour was only a variation on their existing products.

A breakout innovation was General Foods’ line of International Coffees, which added connoisseur of fine flavors to the instant coffee category and elevated the at-home coffee experience. And Starbucks has obviously been a disruptive innovation, turning coffee into a destination experience worth paying a lot more for.

“Innovation is the specific instrument of entrepreneurship…the act that endows resources with a new capacity to create wealth.” ― Peter F. Drucker

In a given category, disruptive innovations come first and are then followed by a series of progressive innovations, with sporadic breakout hits interspersed. Eventually, the market is disrupted once again, starting the cycle anew.

Although  disruptive innovations have the potential to yield the greatest benefit to a company, it is not necessary that it will lead to immediate market success. Because disruptive offerings differ significantly from the existing products, they often require time to gain market acceptance.

“You have to take your own bold approach, and if you do you will be rewarded with success. Or calamitous failure. That can happen too.” ― Steven Moffat

Analysis of revenue and consumer buying patterns:

  • Sustaining: Immediately moderate, then tapering off.
  • Breakout: Rapidly strong, then quickly dropping to a lower level.
  • Disruptive: Longer gestation period leading to exponential growth.

For disruptive undertakings, success typically requires different development processes,

different approval and funding mechanisms, and different performance expectations. At

times, work on a disruptive innovation gets stalled in a system that is optimized for the creation of sustaining offerings. For the success of a project a company should tailormade their approach depending on the goals.

“Innovation is an evolutionary process, so it’s not necessary to be radical all the time.” ― Marc Jacobs

To support the ultimate goal of generating immediate revenue, companies should classify each of its new product concepts within the framework of sustaining, breakout, or disruptive. This allows a company to manage risk and reward at a portfolio level.

Categorizing innovations using this framework is an effective way to ensure that target outcomes are in line with the expectations. Companies are able to focus their innovation efforts by clearly stating that they are prioritizing the development of breakout products and consciously minimizing the exploration of disruptive opportunities.

“Do not get obsolete like an old technology, keep innovating yourself.” ― Sukant Ratnakara

 

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7 Step Strategy for Preliminary Patent Searches

This article provides a 7 step strategy for searching and evaluating relevant prior-art or any publication that discloses the invention for which a patent is to be filed.

1). The First and the most important step is to Brainstorm Terms that describe your invention. Begin by analysing and describing in written the purpose, composition and use of invention. Note down the important keywords and synonyms of words that describe the invention.

2). The second step involves identification of relevant Cooperative Patent Classification (CPC) using the keywords identified in the previous step from the USPTO (United States Patent & Trademark Office) Website Search Feature. Go to the USPTO Home Page and enter “CPC scheme (Key words describing invention)” on the top right search box and scan the results thus obtained.

In the following example we have identified the CPC scheme for shape (contour and architect are its synonyms used).

Look for the relevant results from the list obtained. If no relevant search reults are obtained repeat the step using other keywords & their synonyms identified in the previous step.

 

3). In the Third step verify the Cooperative Patent Classification (CPC) identified in the previous step by reviewing the definitions. CPCs are hyperlinked to a CPC classification definition. Definitions are helpful in establishing you have determined the most relevant classification.

4). Retrieve and Review all the patent applications assigned to the most relevant CPC classification. Focus on the abstract and representative drawings on the front page of the patent applications and narrow down the most relevant patent applications.

5). Conduct In-depth review of patents selected based on their front page information for similarity to your own invention paying close attention to the claims, additional drawings and specifications. References cited in the previously identified Patents may lead you to additional relevant patents.

6). Retrieve and Review in depth all the published patent applications under the Cooperative Patent Classification (CPC) previously identified for similarity to the invention paying close attention to claims, drawings and specifications of the patent.

7.   After completion of the preliminary search you may broaden your search based upon available time and resources. You may broaden your search by identifying International Patent Classification (IPCs)U.S. Patent Classification (USPC). Rerun your search using Espacenet, IPIndia and WIPO. Since inventions can be publicly disclosed in a variety of non-patent literature and electronic publications, you can choose to search books, journals, websites, technical catalogs and conference proceedings as well.

You may choose to hire a registered patent attorney or patent agent to review your search and conduct a follow-up search of his/her own.For further information on patents and patent filling in India connect with our highly skilled and experienced patent lawyers and IP strategists.

Go-to patent consultant for all time zones, be it new product launch in Asia, IP landscape across EU, freedom-to-operate analysis in Japan or patent invalidation for litigation in US.

Every business has a #strategy. WE facilitate the process of identifying Key issues and help amplify business goals of any business (short term goals and long term goals). Everything is simple we tend to complicate and use heavy words to prove our point. WE believe in BASICs.

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