Patent Search Mapping & Analysis

Patent searches are conducted to obtain an overview of existing inventions and to discover the state of the art as well as to identify third party intellectual property rights. Patent Searches serve to identify prior art, assess patentability, and mitigate infringement risks. These searches encompass various types, including novelty searches to ensure the uniqueness of an invention, freedom to operate searches to avoid infringing existing patents, and validity searches to challenge or affirm the strength of a patent. Effective patent searches rely on comprehensive databases that provide access to vast collections of patent documents. Patent mapping extends this process by visually representing the relationships between patents, highlighting technological trends, key players, and areas of dense activity or gaps within a specific domain. This visual analysis helps identify white spaces for innovation, guiding R&D efforts and strategic patent filings. Competitive market analysis takes these insights further by evaluating competitors’ patent portfolios, understanding their technological strengths, strategic directions, and innovation capabilities. By analyzing competitors’ patents, companies can identify potential threats and opportunities for collaboration or licensing. This holistic approach enables businesses to anticipate market trends, protect their intellectual property, and maintain a competitive edge. Integrating patent searches, mapping, and competitive analysis allows for a robust intellectual property strategy that supports long-term business objectives and fosters innovation.

Types of Patent Searches

1.Novelty/Patentability search

Novelty and patentability search is a critical step in the patent application process, aimed at determining whether an invention is new and non-obvious compared to existing prior art. This search involves a comprehensive review of previous patents, patent applications, scientific literature, and other publicly accessible documents to identify any relevant disclosures that might impact the patentability of the proposed invention. By evaluating these sources, inventors and legal professionals can assess the likelihood of securing a patent and identify potential challenges early in the process. Conducting a thorough novelty and patentability search helps ensure that the invention meets the essential criteria of novelty and non-obviousness, thereby increasing the chances of a successful patent application and protecting the inventor’s intellectual property effectively. Our team at K&K holds proven competence in conducting such Novelty/Patentability Searches and delivering relevant results with an exclusive section for Key Feature Mapping.

It is advisable to conduct patentability search because of the following reason-

  • To verify if the invention is new compared to existing technologies.
  • To evaluate whether the invention meets the criteria for patentability, including novelty, non-obviousness, and industrial applicability.
  • To prevent investing time and money in developing and filing a patent for an invention that is not patentable.
  • To identify prior art that may affect the patentability of the invention and address these issues in the patent application.
  • To minimize the risk of future legal challenges by ensuring that the invention does not infringe on existing patents.
  • To provide insights into current technological developments and guide research and development efforts towards truly innovative solutions.
  • To assist in making informed business decisions regarding the commercialization and protection of the invention.
  • To gain an understanding of the existing landscape and identify competitors’ patents, helping to position the new invention strategically.
  • To refine and strengthen the patent claims by understanding the scope of existing patents, ensuring that the new invention is adequately protected.
  • To identify potential licensing opportunities or partners by understanding the existing patent landscape and positioning the invention accordingly.

2.Validity Search

A validity search, or invalidity search, is performed to assess the validity of an existing patent. This search is typically conducted in response to a patent infringement allegation or as part of due diligence in mergers and acquisitions. The goal is to find prior art that was not considered by the patent examiner during the original examination process, which could potentially invalidate the patent. By conducting a validity search, companies can challenge the enforceability of a patent, defend against infringement claims, and potentially avoid paying royalties or damages. Our team at K&K holds proven competence in conducting such Validity Searches and delivering relevant results with an exclusive section for Key Feature Mapping.

3.Freedom to Operate Search

A Freedom to Operate (FTO) search is an essential investigation conducted to determine whether a product, process, or technology can be developed, manufactured, and commercialized without infringing on existing patents or other intellectual property rights. This search involves a comprehensive review of patents and patent applications relevant to the technology in question, as well as associated legal documents and non-patent literature. The goal of an FTO search is to identify any potential patent rights that might pose a risk of infringement, thereby enabling businesses to mitigate legal risks before proceeding with development or commercialization. By uncovering existing patents that could affect the freedom to operate, the search provides critical information for making informed decisions, negotiating licenses, and avoiding costly litigation. It ensures that the innovation can be pursued confidently, with a clear understanding of the intellectual property landscape. Our team at K&K holds proven competence in conducting such FTO Searches and delivering relevant results with an exclusive section for Key Feature Mapping. Our team provides a unique and specialized Product-to-Patent Mapping encompassing searching active/live patents that may overlap with the Key Features of client’s or any other desired process or product.

4.Infringement Search

An infringement search, or right-to-use search, is conducted to determine if a product or process infringes on any existing patents. This search focuses on identifying patents with claims that cover the new product or technology. The aim is to prevent potential legal disputes by ensuring that the new product does not violate the intellectual property rights of others. This search is crucial before launching a new product, as it helps companies avoid costly litigation and possible market withdrawals. In conjunction with this search, an Evidence of Use (EOU) analysis is often performed to compare the patented claims directly with the product or process in question.  Our team at K&K holds proven competence in conducting such Infringement Searches and delivering relevant results.

5.Patent Landscape Analysis

A patent landscape analysis provides a high-level view of the patenting activity within a specific technology domain or industry. This search includes analyzing patent trends, identifying key players, understanding the scope and focus of their patent portfolios, and uncovering white spaces for potential innovation. Patent landscape analysis is valuable for strategic business decisions, such as identifying acquisition targets, guiding R&D direction, and informing intellectual property strategy. It helps organizations understand competitive dynamics, emerging technologies, and potential areas for development. Patent Technology Assessment and Landscaping is crucial to assess and understand the technology and to make the technology pragmatic and best suited for the prevailing market conditions. Landscaping analysis has helped our clients to strategically analyse their tech and to gauge its product potential. This analysis also goes a long way to fathom the various market competitors in the domain, their IP portfolio and the likelihood of overlap between their patented technology and our clients’. We at K&K are armed with an expert team of patent analysts well equipped to indulge in rigorous data mining, data visualization and data analysis for our clients, and to guide our clients towards a landscape to maximise their investment in the competitive and agile technology marker.

6.Competitor Patent Analysis

Competitor patent analysis focuses on reviewing and analyzing the patent portfolios of key competitors. This type of search aims to understand competitors’ technological strengths, strategic directions, and innovation capabilities. By analyzing competitors’ patents, companies can identify potential threats, opportunities for collaboration or licensing, and areas where they can differentiate their own products. This analysis helps businesses stay ahead of their competition by anticipating market trends and developing strategies to enhance their own intellectual property position. Our team at K&K holds proven competence in analysing competitors’ patents.

7.State of the Art Search

A state of the art search provides a comprehensive overview of the existing technological landscape in a specific field. This search covers patents, patent applications, scientific literature, technical papers, and other sources of information. The primary purpose is to gather detailed knowledge about current technologies, recent advancements, and ongoing research and development activities. This type of search is valuable for R&D teams, helping them understand the competitive landscape, identify trends, and find potential gaps or opportunities for innovation. It also aids in strategic planning and avoiding duplication of effort. Our team at K&K holds proven competence in conducting such State of the Art Searches and delivering relevant results.

8.Patent Watch

A patent watch involves monitoring newly published patent applications and granted patents on an ongoing basis. This proactive approach ensures that a company stays informed about the latest developments in their field and any new patents that could impact their business. Patent watch services can be tailored to specific technologies, competitors, or geographic regions. By keeping track of new patent activity, companies can quickly respond to potential threats, identify emerging trends, and make informed strategic decisions regarding their own R&D and patenting activities. A well-structured patent portfolio watch can help better prepare an organisation to take on market challenges head-on and resurface victorious. Having an iron-clad patent portfolio can greatly affect the balance sheet of the company. K&K, with expert skill and experience, helps you in recognizing what you have and can guide you in maximizing your returns.

Our services in this vertical include:

  • Conducting all sorts of searches
  • Identifying Intellectual Property assets of the corporation
  • Assembling the IP assets as identified
  • Preparing frameworks around multiple patent portfolios to assist in efficient extraction, maintenance, and interpretation of IP assets
  • Drafting readily understandable, meaningful Patent Portfolio Reports
  • Drafting of Technology and Landscape Analysis Reports (LAR) as per the technology and concurrent market trends
  • Proposing developments and an IP strategy based on the LAR
  • Partnering on and in the proposed developments and IP strategy
  • Guide our clients to develop future R&D strategies based on the products and competitor analysis.