Archive for October, 2008

Invalidation Search – Do you know?

October 16, 2008

Here’s a simple quiz:

Do you read TechCrunch?
Do you read about Killer Startups?
Do you read more than five blogs a day?
Do you have an RSS reader?
Do you know how to build and share a simple spreadsheet using Google Docs?
Do you know what Google is coming up next?
Do you know what is the latest feature Blackberry/iPhone is introducing?
Do have a shortcut for sending mail to the six co-workers you usually write to?
Do you have a blog?
Do you know how to download a file from the internet through FTP?
Do you back up your work?
Do you keep track of patents using a digital tool?
Are you able to find what you’re looking for on Google most of the time?
Do you use anti-virus software?
Do you fall for internet hoaxes and forward stuff to friends and then regret it?

Can you imagine someone who works in a factory that processes metal not knowing how to use a blowtorch?

How can you imagine yourself as a highly-paid patent analyst and not know how to do these things…

Change yourself and you will see how your client reaction changes…

For us we don’t have to search for 80% of the projects to find out is it patentable or not.

Knowledge helps you in everything!!

Invalidation Search – Anticipation & Obviousness

October 14, 2008

 

To invalidate a patent it is very important to understand that what comes under Anticipation and what comes under Obviousness.

Under the Patent Act, inventors may obtain patents for their inventions provided they are “new and useful”. While “useful” (i.e., the requirement of utility) is a broadly construed concept that presents a low threshold for inventors to clear, the requirement that inventions be “new” is the more demanding hurdle that is articulated as both novelty and non-obviousness. An invention is not novel, i.e., it is anticipated, if every limitation of the claimed invention is found, explicitly or inherently, within a single reference.

If no single reference contains every such limitation, an invention may still be unpatentable if every limitation can be found across a combination of references where one of ordinary skill (in the relevant art) would have reason to combine such references to arrive at the claimed invention. Stated in this manner, novelty is essentially framed as a “subset” of the broader concept of obviousness — the special case in which all of the elements of an invention are found in a single reference instead of across multiple references. As a consequence, if a reference anticipates an invention, it necessarily renders such invention obvious as well. Anticipation becomes, as put by the oft-repeated maxim, the “epitome of obviousness.”

Detailed explanation with cases can be read here

Dennis with PatentlyO fame has also explained it in a very easy manner here

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Invalidation Search – Diversification

October 13, 2008

Today I thought that why don’t I diversify my search strategies to other areas of IP.

There are lots of areas where we use our strategies to identify hidden data. So from now I would be diversifying the posts in the fields of:

  • Patent Valuation
  • Patent Licensing
  • White Space Mapping
  • Patent Portfolio Analysis
  • Competitive Analysis
  • Landscape Analysis
  • Patent Drafting etc.

This field is so interesting that my mind can’t stop thinking of new ways of doing the old things.

People who love to think, this is the field for you.