Protecting, Enforcing , Defending, Monetizing IP Needs
Protecting, Enforcing , Defending, Monetizing IP Needs
These services help in determining whether a product is infringing on a patent by first construing the patent’s claim for meaning as well as scope and thereafter comparing the said claim to the accused product in order to ascertain patent infringement. It is important to note that in order to prove that a patent claim is infringed, every claim element should be present in the product that is accused of infringement. PatseanIP patent infringement analysis service is designed to help corporates, R&D organizations, and individual inventors by providing a detailed report on infringement analysis that can help them in making the right business decisions. patent search
The goal of Patent Invalidation is to invalidate or revoke previously registered/granted patent claims or to oppose claims in a published patent application before they are granted. It is typically conducted to confirm a patent’s claims or invalidate a competitor’s patent claims. It is a tool that any organisation or individual can employ to reduce their competitor’s technological superiority by invalidating their patents. Invalidity search not only keeps track of your competitors’ technological achievements but also help you reduce the number of patents that could hurt your technological dominance and, as a result, your revenue-generating potential.
The invalidity search is helpful in infringement suits, patent portfolio evaluations, and business competition kills. It is one of the crucial factors which determines the fate of the patent in question.
Patentability assessment is the foremost step in protecting IP rights and useful in answering questions such as the following:
We have an invention, and would like to seek protection at the earliest. Can we get a patent, if so what could be scope of protection?
Any invention is patentable only if it is novel and non-obvious. PatseanIP has been conducting patentability searches for both independent inventors and large corporations for over a decade and has built unique expertise in assessing the patentability of an invention. We look at both patent and other publication literature before providing our assessment in a cost effective and timely manner. Our assessment helps you in deciding on the scope of the protection that you could possibly obtain.
Methodology
Freedom to Operate (FTO) search is an imperative due diligence step to be performed for any organization during the early research stage of product/technology development, or prior to commercialization of a product or technology.
A Freedom to Operate (FTO) search involves conducting a search of patent literature for issued or pending patent publications, and obtaining a legal opinion on whether or not a product, process or technology may be considered to be infringing existing patent(s) owned by others. A Freedom to Operate search is also known as Clearance search, Infringement search, Third party right search or Right to use study.
Getting a Freedom to Operate search will open up avenues for licensing, designing around patented features, or getting the go-ahead to commercialize the product or technology.
Evidence of use chart analysis supports resolving intricate questions such as the following:
Can you search for relevant products that match specific patents, so that we can identify possibility of any infringement?
Evidence of use analysis / Patent Product matching is frequently conducted to detect potential infringements or to identify potential licensing opportunities. SPA analysts have conducted many studies wherein they have obtained key patents, dissected them into various claim elements and then identified specific products in the patent that use various aspects of the claim elements. The studies are presented in a concise, user-friendly manner so that clients can quickly understand the findings and make a decision in further steps.
Methodology
Key Deliverables
Patent portfolio analysis refers to mapping patents against products. There are at least three permutations.
First, a company may map its patents against its own products. The idea is to identify patents associated with generating revenue. This information may influence whether to pay patent maintenance fees. Or the company may try to monetize patents that do not generate revenue.
Second, a company may map its patents against the products of a competitor. This strategy is offensive patent portfolio analysis. A company may engage in this analysis before filing a patent infringement suit. Or the company may engage in this analysis for a potential counterclaim if sued. A company may also use this strategy for cross-licensing purposes.
Third, a company may map another company's patents onto its product line. This is defensive patent portfolio analysis. This strategy highlights patent infringement vulnerability.
Patent landscaping is a type of research process that creates an overview of the patents that are pending or in place in a particular area. Patent landscaping is usually conducted by in house attorneys, patent lawyers or other patent law experts.
A patent landscape analysis will assist you to get an overview of a technology sector, your opponents or chronological growth in a field of technology. In addition, it can also assist you to better evaluate the economic value of a patent portfolio.
A patent landscape analysis will assist you to recognize the following:
1.Technology leaders and their IP strategies
2.Technological positioning of companies and their chronological changes
3. Exclusive selling points of companies
4. Power and weaknesses of patent portfolios
5. The innovative focus of companies, business and nations
Patent Drafting is the first and perhaps the most important step during the entire life cycle of the patent. No matter how good an invention is, a poorly drafted patent can lead to the loss of rightful return on investment. A poorly drafted patent may
have loopholes which a potential infringer may utilize in order to get away
with infringement, or worse an assignee may lose the rights at a later stage in
case the patent has issues like improper enablement, improper explanation of
invention etc.
A good patent draft not only includes proper enablement of the invention, but also includes all the possible embodiment of the invention. At times, inventors are not able to envision all the possible embodiment of their invention, a good patent drafter therefore, works closely with the inventors in order to protect the
broadest possible scope of the invention using the claims.
A patent application draft has many sections including, claims, specification, title,abstract, summary and drawings.
You have made an invention and want to file a patent? This is a good idea!
When refining the invention, it is important to talk about the invention with others as early as possible; with friends, acquaintances or preferably with people who will use the invention later.
But before you do this, you should protect yourself with a patent application or a utility model application.
This not only protects you from free riders, but also helps you later in your search for investors.
We will be happy to help you develop the right IP strategy for you. Contact us to discuss the various IP options without obligation.
The patent watch services can also assist clients to monitor and alert the recently issued patents and/or published patent applications in connection with the competitors or inventors of the competitors. Further, the patent watch is focused on identifying the status and progress of published patent applications of competitors. The competitor patent watch is to find the abandoned or expired or rejected patents of competitors which can be used without any patent infringement or to mitigate the legal risk.
We at PatseanIP, provide patent watch search report based on our client needs and deliver cost-efficient and quality patent watch and alert services to keep our client updated recent developments in the field of interest
Patent Proofreading is an important step that needs to be taken just after the draft for the patent application is finalized. The main objective of patent proof reading is to identify errors in the patent application draft, which otherwise can result into undesired office-actions rejection of patent applications. There may be various kind of errors include grammatical errors, spelling errors, formatting errors, antecedent basis errors, claim dependency errors, and errors in drawing and illustration, claim consistency error etc. with respect to the description. Patent Proof reading service is proven to very important and helpful for individual Inventor Assistance Programs as well startups.
PatseanIP advises on all kinds of IP transactions. IPRs can be sold, acquired, licensed and subject of financial security or bond transactions. We do not own intellectual property rights ourselves, however we do sell or acquire IPRs for or on behalf of third parties, with a proviso: PatseanIP does only in very rare cases sell individual (or single family) patents.
We have been approached many times over the last years to assist companies and individuals to sell their IP, attracted by high IPR valuation stories. In most cases our response may sound rather disappointing, basically telling that we are not entertaining sales of individual patents or very small portfolios as this will be either impossible, too costly, or both. Often patent owners who want to sell a patent want to be guaranteed a quick payoff for their patented invention without doing thorough homework and preparations themselves.
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