Search & Analytics
Right from a basic novelty search to white space analysis, patent search and analytics provides vital insights to unlock the value of patent information. Identify the strengths, weaknesses, and opportunities of your and your competitors’ patent portfolios with the search and analytics capabilities of the Reconnaissance team. Understand global patenting trends and technology landscapes accurately with Reconnaissance.
What We Do
This one-day prior art search is a convenient way to quickly determine the novelty of a concept or invention while keeping costs down. It includes patent literature and may even be extended to non-patent literature. Clients generally receive a list of relevant documents from us, however, analysis and legal opinion can be provided if requested. This search provides a high-level view on novelty and can assist R&D teams to decide whether to pursue a concept or idea further. Clients also utilize this kind of search to obtain literature to prepare Information Disclosure Statements (IDS) for the US patent office.
Why Get Our Search and Analytics Assistance
What We Do
A novelty search is used to find out if an invention is new. It helps in determining if the invention has been disclosed anywhere else in the world – whether in patent or non-patent literature – or known or used publicly. This search is useful for inventors who would like to start working on an idea or concept and proceed with R&D. Our legal opinion can let them know if they’re on the right track and not reinventing the wheel.
In some instances, clients have already gone through the research procedure. But before investing in the expensive patent process, it is useful for them to do a novelty search. This can help in determining their chances if they proceed down the prosecution route. If a novelty destroying document is found, then a lot of time, labour, and money is saved. Sometimes, clients use the results of novelty searches to obtain funding and/or grants.
At Reconnaissance, we study every aspect of your invention thoroughly. We carry out searches in patent and non-patent literature databases as well as search engines with multiple search strings. This helps us provide you with comprehensive results including the top relevant documents in a user-friendly format and timely fashion. This means that you do not have to spend hours combing through documentation and receive precise answers to your questions immediately.
Follow-up Novelty Search: We also offer clients a top-up search in all jurisdictions. This can help clients to retrieve those patent applications which have been filed but not published at the time of doing the original novelty search (since any patent applications filed are published only after 18 months). Thus, this search and analysis is done 18-20 months after the original search. This is important to cover all of one’s bases and have absolute clarity on the novelty status of any invention.
Why Get Our Search and Analytics Assistance
What We Do
A patentability search involves ascertaining two things, namely:
- Novelty of the invention
- Non‐obviousness of the invention
This is because in most jurisdictions worldwide, for an invention to be patentable, the above conditions of novelty and inventive step must be satisfied. Hence, clients request a patentability search when an invention with significant business interests needs to be patented. This is in order to determine/evaluate the chances of success to obtain a granted patent, thereby deploying their resources of money, time, and labour wisely.
An invention is said to be novel when the same invention with all its components or steps is not disclosed in any single document before the priority date. An invention is said to be obvious when all the features or most of the important features of the invention are disclosed in one or the other document. This makes it obvious for any person skilled in the art to be able to combine the teaching of two or more documents and arrive at the subject invention.
To determine the inventiveness of any invention, it is pertinent to have domain expertise in the technology area. The Reconnaissance team comprises analysts who have extensive claim drafting experience. This gives them greater insight into interpreting claims and thereby determining the obviousness or lack thereof of an invention with respect to any documents containing the elements of said invention.
For the purpose of providing a patentability opinion, at Reconnaissance, we search through –
- All published documents irrespective of their year of filing (patent and non-patent literature)
- All jurisdictions since the above criteria have to be satisfied on a global basis
We provide lists of relevant and shortlisted documents that we find on the basis of carefully structured multiple search strings in various patent and non-patent databases, and search engines. We provide our legal analysis and opinion in a direct and easy-to-read manner. This helps our clients to quickly find the answers they are looking for.
Follow-up Patentability Search: We also offer clients a top-up search in all jurisdictions. This can help clients to retrieve those patent applications which have been filed but not published at the time of doing the original novelty search (since any patent applications filed are published only after 18 months). Thus, this search and analysis is done 18-20 months after the original search. This is important to cover all of one’s bases and have absolute clarity on the patentability status of any invention.
Why Get Our Search and Analytics Assistance
What We Do
A freedom-to-operate (FTO) or freedom-to-practice (FTP) search should be carried out for a product/component/process/method/system before entering any market. This is necessary to ensure a successful commercial launch in that jurisdiction. This search includes searching for and examining all relevant granted patents and pending patent applications.
FTO or FTP search minimizes the risk of inadvertently infringing the IP of third parties which could lead to injunctions, infringement lawsuits, damages, and costs associated with the recall of the commercial product/process launched. The results of finding such documents could lead to licensing or cross-licensing opportunities. It could also help in figuring out ways to circumvent the published documents so as not to infringe on others’ rights.
Reconnaissance conducts FTOs for Indian as well as foreign clients in India and in countries and regions worldwide. For example, an Indian client may want to do FTO searches in the US and China before launching products in those markets and they turn to us for support. Conversely, a foreign company, say a Canadian company may want to do an FTO in India, Australia, and South Korea. Due to our expertise, we can get this done for the clients with the highest quality standards while being competitive on costs.
At Reconnaissance, we conduct an FTO in the following manner:
- We conduct a search through online published patent applications as per the jurisdiction(s) selected, covering the last 25 years. We use the broadest search terms; study the results retrieved, shortlist the most pertinent documents, and analyse the claims of such documents with respect to your product/component/process/method/system. This helps in identifying any threat of infringement and checking the file wrapper/prosecution history as well as the legal status of such identified documents.
We also carry out searches for documents using the names of inventors and competitors during the FTO search. For example, in one case we found that no patents were filed in the name of the company. Instead, they were all filed in the name of one of the company’s directors.
- We provide an interim report followed by a technical discussion with your technical team. We then provide you with a final report on the basis of said discussions.
- Most importantly, we provide a legal opinion in respect of freedom to sell, export, use, and manufacture your product / component / process / method / system in your chosen jurisdiction(s). Our characteristic presentation of data is to the point and very user-friendly. So, you can receive direct answers to all your questions and not get lost in the documentation.
Follow-up FTO Search: We also offer clients a top-up search in the jurisdictions of their choice. With this, clients can retrieve those patent applications which have been filed but not published at the time of doing the original FTO search (since any patent applications filed are published only after 18 months).
The freedom to operate exercise should be repeated annually for two consecutive years. It makes sure that you have covered all ground and are not infringing any patent or proposed rights due to a pending patent application. This is important to cover all of one’s bases and have absolute clarity on the freedom to operate the status of a commercial product/process.
Many countries e.g. Sri Lanka, the Philippines, Indonesia, do not have updated online records. Since the above search is based on published online data, it may not provide a true picture of the threat of infringement in such countries. If such countries are very important markets for you, then we recommend conducting a search through the local database of that country’s patent office through our associate. We can provide you an estimate of cost subsequently for such countries after contacting our associates.
We offer clients the option to have our opinion be further validated by a local patent attorney of a particular country. The charges for this service will be as per actuals and vary from country to country.
Why Get Our Search and Analytics Assistance
What We Do
Another reason to carry out patent searches is to discover new business opportunities. Many people who do not do IP searches tend to lose out by not utilizing patent information correctly for commercial purposes. For example, consider a situation wherein there exists a patent for a great technology in China and South Korea but that technology has no protection in India or Australia. Then entrepreneurs in the latter countries are free to exploit said technology for their economic benefit.
(Still want a section saying “Why do Patent Searches?” or is this enough? Technical (technological relevance), Legal (no one is infringing rights either you or the other party) & Commercial (buying and selling of rights, launching of new businesses, joint ventures, M&As) Minesweeper picture.
Why Get Our Search and Analytics Assistance
What We Do
Clients request invalidation searches in order to find documents that destroy the novelty of or highlight issues with the inventive step of a patented invention. Such information is very useful in matters such as instituting counter-claim of invalidation in infringement litigation, oppositions, and cancellations. In order to do this, Reconnaissance conducts deep-dive searches through patent and non-patent literature databases and search engines.
Our team also relies on product information in all jurisdictions irrespective of the number of years. We study the shortlisted relevant documents and analyse the same in respect of each claim element of the patent of your interest. This way, we provide you legal opinion in relation to possibilities of invalidating the claims of said patent. We provide clear, useful information and persist in finding the smoking gun to further our clients’ interests.
We can also carry out a validity search combining a detailed search and analysis on novelty & non-obviousness. This could be useful for a client who is looking to sue a patent infringer but wants to carry out a risk assessment to ensure that they have their bases covered. It can ensure that no damaging document(s) may turn up during a counter-claim of invalidation, or in a post-grant opposition or cancellation matter.
Reconnaissance is flexible in offering clients customised solutions. See “Resources & Methodology” for more information.
Why Get Our Search and Analytics Assistance
What We Do
At Reconnaissance, Technology Landscape or Technology Mapping consists of the following aspects:
- Conducting a patent search through published patent documents comprising all jurisdictions and all published non-patent literature and published online product information. This is irrespective of the number of years to obtain a detailed compilation of information on a technology of interest.
- The information is studied by our experts and shortlisted into relevant documents. These documents are analysed in respect of the product, process, and equipment related to said technology. It is then converted into a clear, distinctly visual, and user-friendly technology map/landscape document.
- The technology landscape/map comprises chronological information on said technology, risks, and opportunities in a given area of technology, competitor intelligence, and comments on overall trends. It can also identify and provide information on ideal persons/companies to potentially partner with for further development of said technology. The technology map also shows areas where the technological progress is slow or is not crowded. This can be very useful to determine the R&D strategy of a business going forwards.
- The technology map can also be drawn up to find solutions to specific problems within a technology domain or even across domains. That is, the focus can be on finding the solution to a challenge in one or more technology areas as opposed to focusing on one specific technology area.
- A landscape analysis/map can also be useful to show the uniqueness of a product/process (i.e. lack of competitors in the market) in IP monetisation cases.
- Furthermore, all patent information is provided to you in a searchable repository. It is indexed with a taxonomy either provided by the client or a customised one created by us.
Follow-up Patent Landscape / Patent Mapping: We also offer clients a top-up search. Patent applications that have been filed in the last 18-24 months and are not published are not accessible to anybody. Therefore the opinion provided is always limited to published patent applications. To ensure that all ground has been covered, the technology mapping exercise should be repeated annually at least for 2 consecutive years.
Why Get Our Search and Analytics Assistance
What We Do
Producing technology landscapes/maps as described above leads to the revelation of ‘white spaces’. White spaces are areas within a particular technology domain wherein progress is slow or is not crowded with many researchers/companies/publications/patents. These are areas of opportunity for the development of new inventions which can be regularly scouted to maintain an edge in competitive markets. For example, in all aspects of Industry 4.0, biotechnology & pharma, nanotechnology, material sciences, and so on.
The analysis of such white spaces is very useful in helping clients formulate effective R&D strategies. It can also help them concentrate their efforts on aligning business interests to address real-time unmet needs in their industry or even across other industries. White space analysis helps clients make informed decisions on deploying their resources in order to strive for high returns on their investment.
Why Get Our Search and Analytics Assistance
What We Do
At Reconnaissance, we provide our clients with ways to design around the claims of patents or disclosed technologies when results are less than favourable. Designing around is key to informing R&D efforts after search results are obtained that block immediate progress on the searched technology/invention without pivoting. Some representative examples include the following:
In a novelty search, if a novelty destroying document is found, which has elements A, B, C, and D, in a design around analysis and report, Reconnaissance can suggest ways to the client to overcome the novelty objection by giving the client options – say using A, X, Y, D or A, M, C, N.
In A patentability search report, inventive steps or novelty might not be present due to certain documents. In this case, Reconnaissance analyses said possibility in-depth. Further, we recommend the best possible ways to contrive a manner in which those documents can be circumvented by additions, deletions, or substitutions to the client’s invention.
The results of FTO (FTP) search opinion can be used to make changes to the client’s product/component/system/method/process. This avoids the pitfall of potentially infringing any patents in a particular jurisdiction. A technology landscape/map delineates the progress made in a particular technological domain. Consequently, one can either design around existing technologies or find entirely non-crowded spaces to carry out development in.
The team at Reconnaissance has a very strong technical foundation in all industry areas. We work directly with the inventors and R&D teams to provide technical alternatives to existing inventions in order to achieve the client’s objectives.
Why Get Our Search and Analytics Assistance
What We Do
Reconnaissance assists clients with identifying Standard Essential Patents (SEPs) for a particular technology domain or a product in order to comply with technical standards. Reconnaissance also assists clients with understanding and licensing based on fair, reasonable, and non-discriminatory i.e. FRAND terms.
Resources & Methodology for Search & Analytics
Methodology:
- Reconnaissance puts client confidentiality at the forefront of all its operations. Our motto is ‘Nothing, No One, Never’ when it comes to protecting our clients.
- Reconnaissance is highly flexible and conducts all its work in a customisable manner.
Although we prefer to conduct both the search and analytics on a project, we also carry out only searches or only analytics as per the client requirement. For example,
- a) Sometimes, a client may provide us with 4 patent documents and request an analysis of whether the client’s product/process is infringing any of those specific patents. This usually happens when a client is confident of its searching abilities and/or wants to keep costs low.
- b) Sometimes, clients may ask for just the relevant and shortlisted documents from a search and prefer to carry out the analysis in-house to save on costs. This is alright with us too and we honour such requests as well.
- We can structure our searches and analytics to suit your budget needs.
- If requested, we can also customise the delivery time to provide a report to the client before our standard delivery times.
- We provide succinct executive or management summaries that enable clients to get to the heart of the matter immediately.
Our team is at the core of our search & analytics work product. The analysts and associates of this division are all trained in and have extensive experience in drafting patent specifications. This gives them an edge in the searches they produce as they have a different and better insight into interpreting claims. As a result, they generate superlative reports and obtain results that others cannot see or find i.e. the needle in the haystack.
Resources
Reconnaissance utilizes a number of paid and unpaid databases and search engines for:
- Patent literature (examples include Patbase, Orbit, Espacenet)
- Non-patent literature (examples include high-end university libraries, GeneSEQ, industry-specific journals like medical journals, materials journals, computer journals, IEEE for Electronics, Scifinder for Chemicals, etc.)
We have also developed an in-house proprietary searchable platform. This is for hard copy data of the Indian IP offices prior to digitization and for the weekly IP office journals (patent, trademark & design publications).
Furthermore, we have a panel of experts – highly knowledgeable and reputed people from the field of technology. They work in close collaboration with us at all times to provide specialized input on their respective areas. This is indeed a bonus to the output provided by us.
Why Get Our Search and Analytics Assistance
Drafting patent specifications as per the defined statutory requirements of the patent offices worldwide can be highly challenging. The Reconnaissance team works in close association with the clients’ patent attorneys during drafting and prosecution to ensure quality and consistency. We make sure that your patent draft cannot be bypassed easily even after technology advancements. Our drafting process has proven to deliver higher efficiency and considerable cost-savings for our clients.
At Reconnaissance, our highly trained paralegal & support teams assist clients with docketing and administrative IP tasks in an efficient manner. We are geared to undertake all sizes of operations and work with clients on a regular basis. Our team can also step in during a seasonal influx due to higher volumes or transitional situations.
Analysing competitor activities, assessing market opportunities, and understanding critical industry trends is essential for a good intellectual property strategy. With Reconnaissance’s intelligence support, you can gain valuable insights to make the right decisions at every stage of the IP lifecycle. We can also enable you to keep an eye on the competitive landscape by assessing the activities of your competitors through comprehensive reports.
From IP acquisitions and auctions to technology transfers and royalty securitizations, Reconnaissance looks after a host of your commercialisation objectives. We provide all-round support to conduct private sales as well as to mortgage patents in order to raise capital for your business needs. The Reconnaissance team can also assist you in the negotiations as well as transactions associated with the assignments of your patent or entire patent portfolios.
Intellectual Property (IP) is one of the most valuable assets of a company in today’s innovation-driven world. Protecting IP from counterfeiting and IP infringements is thus, one of the most important objectives of organisations today. Reconnaissance’s extensive investigative capabilities can provide you with a comprehensive approach to identifying and mitigating IP threats. Prevent the theft or counterfeiting of your IP assets with Reconnaissance.