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How do you know if your R&D patent search is valid?

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If you are involved in research and development (R&D), you may need to conduct a patent search to find out if your invention is novel, useful, and non-obvious. A patent search is a process of searching and analyzing patent documents to identify relevant prior art that may affect the patentability of your invention. However, how do you know if your patent search is valid and reliable? Here are some tips to help you evaluate the quality and scope of your patent search.

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Poonam Thakur

Intellectual Property Consultant | Registered Patent Agent

1 Choose the right sources

One of the first steps in conducting a patent search is to select the appropriate sources of patent information. Depending on your invention, you may need to search in different databases, such as the USPTO, EPO, WIPO, or Google Patents. Each database has its own advantages and limitations, such as coverage, currency, accessibility, and search features. You should choose the sources that best suit your needs and objectives, and be aware of the potential gaps and biases in each source.

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Poonam Thakur

Intellectual Property Consultant | Registered Patent Agent
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You may also refer to some paid databases like Derwent, TPO, orbit, STN, and the like, which have an advantage over free databases in terms of comprehensiveness, more precise query design, and ease of use.

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2 Use the right keywords

Another key factor in conducting a valid patent search is to use the right keywords and phrases to describe your invention and its features. Keywords are the words or terms that you enter in the search engine to find relevant patent documents. You should use keywords that are specific, relevant, and comprehensive, and avoid keywords that are too broad, vague, or ambiguous. You should also use synonyms, variants, and related terms to capture different ways of expressing your invention. For example, if you are searching for a patent on a bicycle helmet, you may use keywords such as helmet, headgear, protective, bicycle, bike, cycling, etc.

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3 Use the right operators

Another way to improve the validity of your patent search is to use the right operators and modifiers to refine and filter your search results. Operators are symbols or words that you use to combine or modify your keywords, such as AND, OR, NOT, NEAR, etc. Modifiers are parameters that you use to limit your search by certain criteria, such as date, inventor, assignee, classification, etc. Operators and modifiers can help you narrow down or expand your search scope, and eliminate irrelevant or redundant patent documents. For example, if you are searching for a patent on a bicycle helmet with a visor, you may use the operator AND to combine helmet and visor, and the modifier date to limit your search to the last 10 years.

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Poonam Thakur

Intellectual Property Consultant | Registered Patent Agent
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Modifiers such as date limitation are not applicable in case of novelty search since any literature existing anywhere in the world before the date of applying for a patent is considered prior art and would challenge the novelty of the invention in hand.

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4 Use the right tools

Another aspect of conducting a valid patent search is to use the right tools and techniques to analyze and organize your search results. Tools are software or applications that you use to perform various tasks, such as sorting, filtering, ranking, clustering, visualizing, etc. Techniques are methods or strategies that you use to evaluate and compare patent documents, such as citation analysis, semantic analysis, patent mapping, etc. Tools and techniques can help you identify patterns, trends, gaps, and opportunities in your patent landscape, and generate insights and recommendations for your R&D project.

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5 Validate your results

The final step in conducting a valid patent search is to validate your results and check for errors or inconsistencies. Validation is a process of verifying and confirming the accuracy and completeness of your patent search, and correcting any mistakes or oversights. You can validate your results by cross-checking different sources, reviewing your search queries and parameters, updating your search with new information, and seeking feedback from experts or peers. Validation can help you ensure that your patent search is reliable and trustworthy, and that you have not missed any important prior art that may affect your patentability.

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6 Here’s what else to consider

This is a space to share examples, stories, or insights that don’t fit into any of the previous sections. What else would you like to add?

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Poonam Thakur

Intellectual Property Consultant | Registered Patent Agent
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At the very beginning, we need to define the scope of our search. For example, in case of infringement, we need to define the territories, or specific competitors that we need to consider while performing our analysis.

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How do you know if your R&D patent search is valid?

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1 Choose the right sources

2 Use the right keywords

3 Use the right operators

4 Use the right tools

5 Validate your results

6 Here’s what else to consider

Research and Development (R&D)

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