What are the most common challenges when conducting a patent search?

2 Patent classification

Another challenge of patent searching is that patents are classified according to different systems and criteria, depending on the patent office or database that you use. For example, the US Patent and Trademark Office (USPTO) uses the United States Patent Classification (USPC), while the European Patent Office (EPO) uses the International Patent Classification (IPC) and the Cooperative Patent Classification (CPC). These systems may not always align or correspond with each other, and they may change over time as new technologies emerge. To overcome this challenge, you should familiarize yourself with the different patent classification systems and use multiple databases and tools that allow you to cross-reference and compare different classifications. You should also use broad and narrow search terms and filters to refine your results.

3 Patent quality

A third challenge of patent searching is that patents vary in quality, relevance, and validity, depending on the patent office or database that you use. For example, some patents may be granted without rigorous examination, or they may be invalidated or challenged by other parties after being granted. Some patents may also be irrelevant or outdated, or they may contain vague or ambiguous claims or descriptions. To overcome this challenge, you should evaluate the quality, relevance, and validity of each patent that you find, using criteria such as the patent office, the date, the status, the citations, the claims, and the specifications. You should also use tools and sources that provide you with updated and reliable information on patent quality, such as patent analytics, patent alerts, patent litigation databases, and patent opposition databases.

4 Patent scope

A fourth challenge of patent searching is that patents have different scopes, depending on the jurisdiction, the claims, and the interpretation of the patent office or the court. For example, some patents may have broader or narrower claims than others, or they may cover different aspects or embodiments of the same invention. Some patents may also be interpreted differently by different patent offices or courts, depending on the legal standards, the precedents, and the arguments of the parties involved. To overcome this challenge, you should understand the scope of each patent that you find, using criteria such as the jurisdiction, the claims, and the interpretation. You should also use tools and sources that provide you with comparative and contextual information on patent scope, such as patent maps, patent landscapes, patent families, and patent case law.

5 Patent search skills

A fifth challenge of patent searching is that patent searching requires specific skills and knowledge, such as technical expertise, legal expertise, information literacy, and analytical skills. For example, you need to have technical expertise to understand the technical aspects and terminology of the patents that you find, and to identify the relevant features and functions of your invention. You also need to have legal expertise to understand the legal aspects and implications of the patents that you find, and to assess the patentability and freedom to operate of your invention. You also need to have information literacy to use the appropriate databases and tools, and to formulate effective search strategies and queries. You also need to have analytical skills to evaluate and synthesize the information that you find, and to draw meaningful conclusions and insights. To overcome this challenge, you should acquire and improve your patent search skills and knowledge, by taking courses, reading books, consulting experts, or using online resources and guides.