With IP Street, you can do advanced boolean searches smarter and quicker. Additionally, based on our Discover paradigm of Search, Review, Refine, and Iterate we enable you to filter your results and search again.
When approached with this legal assertion, as a patent counselor for your client, you need insights to help you define and determine your defense. No, I am not: A patent is defined by its language, and many times, proper preparation for a Markman Hearing, or Claim Construction Hearing, can determine the summary judgment. If you are accused of infringing on a claim, you want to find ways to minimize the scope of the claim [on the other hand, if you are accusing, you want to broaden a claim's scope]. With IP Street, you can scrutinize a claim in various ways. Your patent is invalid: Since the USPTO granted the patent, the presumption is that all of its claims are valid. Anyone can challenge the validity of a patent (request re-examination) whether or not an infringement injunction has been made. [Normally, when the USPTO learns of an infringement lawsuit, out of due diligence, they open a re-examination case.] The quickest path to invalidate a patent is to identify prior art.
Conducting a thorough patent search is difficult, particularly for the novice. Patent searching is a learned skill. A novice in the United States could contact the nearest Patent and Trademark Depository Library (PTDL) and seek out search experts to help in setting up a search strategy.
Utility patents protect inventions that are a novel, nonobvious, and useful, such as: process innovations, machine innovations, manufacturing innovations, compositions of matter, or incremental improvements from foundational innovations. The three patentability requirements: New and Novel: For a United States patent the invention must never have been made public in any way, anywhere in the world, a year before the date on which an application for a patent is filed. In other countries, you have no one year grace period and require absolute novelty. Original and Nonobvious: An invention involves an inventive step if, when compared with what is already known, it would not be obvious to someone with a good knowledge and experience of the subject, for example, if you just make cosmetic changes that is obvious. Useful: This means that the invention must take the practical form of an apparatus or device, it has to do something.
The competitive landscape can be brutal, and commonly is referred to as the Red Ocean--you know, blood in the water with sharks lurking about (yeah, a few lawyer jokes come to mind, but I will restrain myself). Research at Harvard Business Review and elsewhere suggests that the most profitable business strategies are related to finding and/or creating Blue Ocean to reap rewards in a new space. How does that relate to studying patent data? Simple. You first need to understand what patents already exist in the invention-space. Second you need to understand and articulate how your invention is unique. Next you need to write your patent so it makes as many unique and new claims as it possibly can. Then you need to consider all possible opportunities to secure and expand your space. In IP lawyer-speak, this means that your invention needs to have a valid legal scope. If you find out, using our tools, that your invention is in a very competitive space (sharks in the bloody ocean), you may want to forego the costs associated with pursuing patent protection. IPstreet.com can help by searching millions of patents and simplifying the complexities of the data into an intuitive "scatter plot" that identifies your idea in context of the universe of patents and patent-pending applications. Ultimately, we can provide important business intelligence from the immense and excessive information available. Our goal is to take TMI (too much information) and report it to you which will better inform your business decisions. If you are searching for questions such as, "how to patent my idea, " or "how to patent my idea," then you've come to the right place. IPStreet.com's patent search tools are designed with you in mind. Using the patent search software, you can better understand how to patent your invention or patent idea, patent duration and find an experienced patent lawyers.