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Frequently Asked Questions
- Market Research
- Prior Art Search
- Patentability Search
- Trademark Research
- Infringement Search
- General
How can we expand into new and growing markets? E.g. Asian
Clients frequently face challenges in new and unfamiliar areas including emerging trends, new competitors, etc. Understanding the trends of emerging markets requires overcoming cultural differences, limited data availability, the challenge of understanding diverse languages, etc.
To know more, TTC helps answer your questions : Contact Us
We want to launch a new product; can you help us understand the competitive market and the consumer’s needs?
"Yes, we will help you guide launching new products and understand the competitive market and the consumer’s needs. Here are some services which we provide like Product Launch (i.e in Growing Vs. already Developed market), Development & Improvement.
To know more, TTC helps answer your questions : Contact Us
We want to study the positioning of my brand/product; and also the consumer feedback. Can you help?
We mix data analysis with our key hypotheses to convert your customer feedback into meaningful and insightful behaviours. We understand customer behaviour at all stages of the purchase process and identify the critical points for your brand. We deliver insights that form the basis of marketing and sales strategy." We deliver deep insights from hundreds of primary, social media analysis and secondary research projects specifically related to customers, brands, advertising, and marketing.
To know more, TTC helps answer your questions : Contact Us
Can you do thorough research on the competitors and their strategies?
"Yes, we do this kind of search for future analysis like the Competitor’s Market Study
Target Customers and Market Size (Total market Potential Market). We also clearly position your competitors covering their financials and all other details that you require that helps in positioning you as a better player in the market."
To know more, TTC helps answer your questions : Contact Us
We are thinking of a JV/Acquisition with a company. Can you do a due diligence check on it?
Yes we can, our clients are always seeking new methods to expand, whether through new geographies, mergers, and acquisitions, or other possible partners. We assist clients in conducting thorough due research on the companies they've shortlisted.
We help you in choosing the best option by doing a detailed analysis. We cover all the news and analyst reports for crystal clear insights."
To know more, TTC helps answer your questions : Contact Us
We have outsourced some of our work to a vendor; can you help us manage the cost?
Yes, we can assist, as some of our clients have outsourced their major work to different vendors and it has become a very time-consuming process to manage them.Â
We have assisted our clients in managing vendors, hence reducing the time and effort required to manage costs and other processes.
To know more, TTC helps answer your questions : Contact Us
What is prior art?
Prior art is evidence proving that the inventions were known earlier. In simple words, the prior art is a piece of information used by the patent examiner to check the novelty of the patent or invention.Â
Prior art may include published disclosures, public demonstrations/uses, disclosed to the public by other means, and oral descriptions. If information about the invention or anything similar is already available, a patent application could be rejected. The norms of prior art vary from nation to nation.Â
For example, oral disclosure can be the criteria for prior arts in some nations (European Patent Office) but not in others
To know more about Prior-Art Search - Contact Us
What are the sources of prior art?
The prior art may be made on many elements including patents, published patent applications, and non-patent literature. Non-Patent literature may include books, evidence of sale or usage, videos, technical standards, white papers, journals, physical forms, and online resources.
To know more about Prior-Art Search - Contact Us
I have disclosed my invention in a conference; can the corresponding publication stop me from getting a patent?
"The prior art constitution varies among various jurisdictions. For example - the US patent law accepts ""your disclosure"" if it has been made within a year before the patent filing date.
But European patent laws are somehow extreme on that as they don't allow such a grace period to the applicant. You should contact your country's copyright and patent authority."
For more details you can Contact Us
What are the requirements for patentability?
"Your patent application goes through the parameters like your invention must be -Â
Novelty - It should not be available in any form before your patent filing date. Although, US patent law grants you a grace year before filing a patent application.
Useful - The patent law requires your invention to be useful and industrially applicable.
Non-obviousness Requirement - Your invention must be unique and should not be the modification of any object. It must not look similar to the prior arts.
To know more about Patentability Search - Contact Us
Do I need to conduct a patentability search before filing a patent?
Yes, sometimes a minute inference can sue your invention. Since patent filing is an expensive process, you must ensure that your invention is original by conducting a patentability search.Â
A patent search is useful to know if your invention already exists or is similar to any other invention which already exists. You can explore patent databases and the available resources like books or publications for the same.
To know more about Patentability Search Visit Us
What are the steps to conduct a prior art search?
Conducting a prior art search The first step is to understand the invention's concept. Reading invention disclosure & developing an understanding of the invention concept.Â
After understanding the invention thoroughly, key features of the invention are identified based on the novel aspect of the invention.
- Keywords Selection
- Keyword-based Search
- Classification-based Search
- Inventor Based Search
- Self Analysis and many more Combined Search
For more details you can Contact Us
What happens if there is prior art of your invention?
It simply indicates that your patent application could be rejected because it is not unique and has already been filed. If you still want to patent your invention, then you may change the claims or improve/modify your invention.
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For more details you can Contact Us
What is a Novelty or Patentability Search?
The patentability search is focused on the prior art search for the novel patented subject matter. An invention is patentable only if it is new or unique, and a patentability search can help to determine whether it has been publicly disclosed by someone before the invention's critical date.
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To know more about Patentability Search Visit Us
Is it worth doing a Patentability search before filing?
Yes, a Patentability search must be done before the filing of a patent because an invention expends a lot of effort and expenses, so before filing, an inventor must be sure whether others have already staked a claim for that invention.
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To know more about Patentability Search Visit Us
What is the best way to do a Patentability or State of the Art Search?
"Browsing professional databases with international patent coverage is the best way to conduct a patentability search. For a good patent search, we need to look into different geographies and how technology is being practiced there. Though free patent search databases can also help you do a preliminary search to get an idea of where an invention stands, a search on a professional database is highly recommended.
To know more about Prior-Art Search - Contact Us
How much a basic Novelty/Patentability search would cost?
The cost of the search depends on a firm to firm, and the search requirements. It may vary from $300 to $2000 or higher depending on the search firm.
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For more details you can Contact Us
Can I conduct a Patentability search myself or should I have to go to a Professional?
Yes, you can conduct a patentability search on your own but up to a certain limit. There are chances that you may miss the prior art but a professional patentability search expert carries out the searches and identifies the related prior arts with different search approaches in professional databases and variations of the keywords. A good search logic will help to identify a good prior art and a patent research professional can best apply a good logic for performing the prior art searches.
To know more about Patentability Search - Contact Us
For a patentability search, is it safe/confidential to use a search engine such as Google?
"Any search engine cannot claim the invention as it is, they must know the process involved in the invention and Keywords alone don't give an idea for the complete method or process of the invention.
If a search engine such as Google can infer your whole invention by just knowing the Keywords, then the invention is very simple or may not come under the non-obviousness criteria that must be met to get a patent. Even if the invention is simple and its keywords are enough for a search engine to make a full invention, then it will be difficult for them to judge if the complete invention is patentable or new.
Further, if one has a fear of the stealing of their invention, then one can go for a provisional application filing before searching on Google. It will give an inventor a one-year window and filing of a patent can be done within this window."
For more details you can Contact Us
What is trademark search?
A trademark search is conducted to check or identify the availability of a trademark, to ensure that you won’t violate someone else’s trademark rights.
To know more about TradeMark Research - Contact Us
What is the need to conduct a trademark search, is it mandatory?
No, it’s not mandatory but it is advisable to determine whether another business is already using a trademark that’s identical or similar to the one you wish to use, to ensure that you won’t infringe someone else’s trademark rights. The consequences of failing to conduct a reasonably thorough trademark search may be severe, depending on how widely you plan to use the trademark and how much it would cost you to change it if a conflict arises afterward.
To know more about TradeMark Research - Contact Us
Why do I need to conduct a worldwide trademark search?
Worldwide trademark search is conducted to check the availability of trademarks globally. If you are planning to operate your business globally or in different jurisdictions or will be in the future, it is advisable to conduct a worldwide trademark search.
To know more about TradeMark Research - Contact Us
What is trademark infringement?
Trademark infringement occurs when a business uses the same or similar name in a way that may lead to confusion with the trademark owner’s service or product in the customer's mind. In general, infringement does not require the infringer to be a competitor in the same goods or services, but infringement requires a similar product or services that have been offered in the same or different marketplace. If there has been an infringement of your trademark, you can take legal action under the statute of the reference country. As the plaintiff, it is your responsibility to prove that the defendant's use of a similar mark has raised confusion.
To know more about TradeMark Research - Contact Us
Should I hire a professional firm to conduct a trademark search?
To conduct a trademark search, you must search all of the countries' exclusive paid and free trademark registers, which includes all state registers (in the United States), country-specific trademark registers (internationally), published and unpublished trademark information, and common law registers for the associated country. It is advisable to hire a professional search firm to handle a trademark search rather than do it on my own.
To know more about TradeMark Research - Contact Us
What is trademark watching?
A trademark watch is performed to identify the potential infringers of your trademark with electronic watch services. This process involves systematically detecting any potentially conflicting trademark applications throughout the world and reporting any marks found to the client so that they can file trademark opposition to such marks to protect their brand.
To know more about TradeMark Research - Contact Us
What will the Trademark search report contain?
The report will include all relevant information concerning the potentially infringing mark, including the opposition deadline with that mark; so that you can take all required steps to protect your trademark.
To know more about TradeMark Research - Contact Us
How often do you provide trademark watch reports?
We TTC work 24X7 to protect your trademark, our watch services will inform you immediately as soon as it will arise to our online watch services. A report is provided as an email notification and as a hardcopy on demand.
To know more about TradeMark Research - Contact Us
What is infringement Search?
Patent infringement is the commission of a prohibited act with respect to a patented invention without permission from the patent holder. Permission may typically be granted in the form of a license. The definition of patent infringement may vary by jurisdiction, but it typically includes the act of making, using, selling, or offering to sell a patented invention. To know more about Infringement Search or EOU Visit Us
Where an infringer (or Patent owner) can use his patented invention against an infringer?
"Patent infringement is the commission of a prohibited act concerning a patented invention without permission from the patent holder. Typically, permission is issued in the form of a license.Â
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To know more about Infringement Search or EOU Visit Us
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For example: if anyone will file a patent in the US country, then everyone in the US is prohibited from making, selling, or using the patented invention, while people in the other countries are free to make, sell or use the patented invention."
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To know more about Infringement Search or EOU Visit Us
What is the purpose of the patent infringement analysis?
Infringement search can be used in different types of analysis like
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- Claim Amendment during the prosecution phase
- Identification of illegal use of the patented invention
- Licensing Opportunities (Licensing-IN & Licensing-Out)
- Patent Monetization
- Patent Pruning
To know more about Infringement Search or EOU Visit Us
What are the types of patent infringement search?
Direct and Indirect Infringement are the two types of patent infringement search. The indirect infringement can be further divided into two types i.e. contributory infringement and induced infringement.
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To know more about Infringement Search or EOU Visit Us
What is contributory infringement?
Contributive infringement occurs when a seller (third party) provides a part/material assistance/component that, while not itself infringing any patent, has a particular use as part of some other machine or composition that is covered by a patent.
For example: a patent claims a mobile phone having few components interconnected like display, processor, speaker and other parts and there is party A who is manufacturing the same mobile phone as covered in patent, and a party B provides a particular part to be used in manufacturing a mobile phone, then party B will be contributory infringer to that patent.
To know more about Infringement Search or EOU Visit Us
What is the best way to avoid infringement? OR How can I find out if my proposed product infringes someone else's patent?
We can conduct FTO (freedom to operate) or non-infringement search in which claims of the enforceable patents are identified which covers the features related to a product to be launched in the market.
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To know more about Infringement Search or EOU Visit Us
To infringe a patent, do all claims need to be part of my product or even just half of them are enough?
If you sell or make a product that performs all of the steps or elements of a single claim, you will be liable for patent infringement.
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To know more about Infringement Search or EOU Visit Us
In case of infringement analysis, if description of infringed product/item is a little bit different from the claims of the infringed patent, how can we evaluate the infringer?
In this case, we can consider the "Doctrine of Equivalent" rule for infringement purposes.
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To know more about Infringement Search or EOU Visit Us
What is the Doctrine of Equivalent?
The doctrine of equivalents is a legal rule in most of the world's patent systems that allows a court to hold a party liable for patent infringement even though the infringing device or process does not fall within the literal scope of a patent claim, but nevertheless is equivalent to the claimed invention.
To know more about Infringement Search or EOU Visit Us
How can an infringer save himself/herself after getting infringed by the infringe?
In this particular case, we can have below provided solution:
- By invalidating the patented invention
- By settlement or cross-licensing
- By obtaining a license
- By the expiration of the patent
What is cross-licensing in infringement?
A cross-licensing agreement is a patent law agreement in which two or more parties grant each other a licence to utilise the subject matter claimed in one or more of the patents each possesses.
To know more about Infringement Search or EOU Visit Us
In infringement, is the scope of protection may vary from country to country? If yes, explain why?
Yes, the scope of protection varies from country to country. Because the patent is examined or in some country is substantially examined by the patent office in each country or region and may be subject to different patentability requirements.
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To know more about Infringement Search or EOU Visit Us
Can an expired patent infringe a product? Or What if I infringe a product on the expiration date of my patent?
The conduct of a prohibited act for a patented invention without the authorization of the patent holder is known as patent infringement. Typically, permission is issued in the form of a license. The act of creating, using, selling, or offering to sell a patented invention is usually considered patent infringement, though the definition varies by country. To be considered a patent infringement in many jurisdictions, a user must be commercial (or have a business purpose).
To know more about Infringement Search or EOU Visit Us
What is meant by intellectual Property Rights (IPR)?
Intellectual Property Rights (IPR) cover creations of the mind and are granted by respective governments to IP creators for new and original ideas. No one can use another's intellectual property without their permission. These privileges come with a certain level of monopoly and exclusivity.
To know more Visit our Website here
Can I launch a product which is already in the market?
Yes, you can launch a product but before launching you need to Validate Your Product so that your product is safe and cannot infringe other inventions already in the market.
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To know more Visit our Website here
Is copyright applicable to songs & movies?
Copyright laws governing Indian cinema only extend to songs, movies, and books, and the owner can't claim copyright of the title unless the title is a 'substantial' part of the work itself. If you want to use the lyrics/music of any song/movie you need to take permission from the owne.
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To know more Visit our Website here
Is it possible to minimize the risk of invalidating other patents?
Yes, you have a validation search. And as a patent analyst, I would recommend having patent practice regularly to minimize the risk.
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To know more Visit our Website here
How can we protect our patent from others?
After filing a patent, practicing regularly helps you protect your patent against invalidating or infringing other citations.
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To know more Visit our Website here
What is a Patent? Types of patents?
"A patent is a right granted to an inventor by the federal government that permits the inventor to exclude others from making, selling, or using the invention for a period of time say 20 years.
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Types - Utility Patent, Design Patent and Plant patent
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To know more Visit our Website here
Can software applications be patented?
Yes, in the United States, software-based inventions are still patentable. However, software patent applications must meet certain technical requirements and be drafted extremely carefully in order to be patent-eligible.
To know more Visit our Website here
Can a business method be patented?
According to the Indian patent act section 3, which deals with inventions that are considered not patentable, any mathematical method or business method or a computer program or algorithms are not patentable.
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To know more Visit our Website here
What are the different types of searches in IP?
In our firm “TT Consultants” We offer different types of searches like:
- Patentability Search
- Validation/Invalidation Search
- Infringement Search
- FTO Search
- Technology Scouting
- Landscape and more.
To know more Visit our Website here
What is the XLPAT tool? How can it be helpful?
Xlpat is an Artificial Intelligence-based platform for automated patent search tools, idea novelty check, competitive analysis, infringement, prior art research. People have countless ideas every day, but only a few are valuable, spending money in any IP firm can be expensive. Our product provides you with a platform that can save your money in just a few clicks. To know more Visit our Website here
What is Landscape Research?
A Patent Landscape research is a broad search for patents in a particular technological area. Essentially, this search is deeper than a State of Art Search after it has been completed. Looking at huge sets of patent data might help you get a better perspective of the larger picture and make more informed decisions.
To know more Visit our Website here
What is technology Scouting?
Technology Scouting is a part of trend research which deals with the regular and systematic observation of technological developments and the early recognition of emerging technologies.
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To know more Visit our Website here
What is patent scoring and ranking? How is it helpful?
Evaluating (scoring or ranking) your patents can help you determine the actual value of your patent, and understand the upcoming future trends. On the basis of the score, patents can be practised on regular intervals to identify the market growth and its requirement.
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To know more Visit our Website here
Can I file a patent in multiple countries?
Yes, you can file a patent in multiple countries with multiple languages. A good option is to file an international application under the Patent Cooperation Treaty (PCT), administered by WIPO. To know more Visit our Website here
What is PCT (Patent Cooperation Treaty)?
Patent Cooperation Treaty (PCT) is  an international treaty that allows one to claim domestic priority in PCT member countries. Through PCT one can file applications in countries of interest within 30 months of the priority date . A patent search report is provided under the PCT system, and a preliminary evaluation of an application is performed on demand. This additional information allows the investment to be delayed for 30 months.
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To know more Visit our Website here
Where do I file my application?
Once the application has been drafted, one needs to file the patent application with the Indian Patent Office in the prescribed format and submit it along with the requisite fees. One can also file their patent application online. For more information log on to www.ipindia.nic.in
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To know more Visit our Website here
How much time does it take for granting a patent?
What is the life cycle of a patent?
The life of a patent is no longer than 20 years from the date of filing.
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To know more Visit our Website here
Market Research
How can we expand into new and growing markets? E.g. Asian
Clients frequently face challenges in new and unfamiliar areas including emerging trends, new competitors, etc. Understanding the trends of emerging markets requires overcoming cultural differences, limited data availability, the challenge of understanding diverse languages, etc.
To know more, TTC helps answer your questions : Contact Us
We want to launch a new product; can you help us understand the competitive market and the consumer’s needs?
"Yes, we will help you guide launching new products and understand the competitive market and the consumer’s needs. Here are some services which we provide like Product Launch (i.e in Growing Vs. already Developed market), Development & Improvement.
To know more, TTC helps answer your questions : Contact Us
We want to study the positioning of my brand/product; and also the consumer feedback. Can you help?
We mix data analysis with our key hypotheses to convert your customer feedback into meaningful and insightful behaviours. We understand customer behaviour at all stages of the purchase process and identify the critical points for your brand. We deliver insights that form the basis of marketing and sales strategy." We deliver deep insights from hundreds of primary, social media analysis and secondary research projects specifically related to customers, brands, advertising, and marketing.
To know more, TTC helps answer your questions : Contact Us
Can you do thorough research on the competitors and their strategies?
"Yes, we do this kind of search for future analysis like the Competitor’s Market Study
Target Customers and Market Size (Total market Potential Market). We also clearly position your competitors covering their financials and all other details that you require that helps in positioning you as a better player in the market."
To know more, TTC helps answer your questions : Contact Us
We are thinking of a JV/Acquisition with a company. Can you do a due diligence check on it?
Yes we can, our clients are always seeking new methods to expand, whether through new geographies, mergers, and acquisitions, or other possible partners. We assist clients in conducting thorough due research on the companies they've shortlisted.
We help you in choosing the best option by doing a detailed analysis. We cover all the news and analyst reports for crystal clear insights."
To know more, TTC helps answer your questions : Contact Us
We have outsourced some of our work to a vendor; can you help us manage the cost?
Yes, we can assist, as some of our clients have outsourced their major work to different vendors and it has become a very time-consuming process to manage them.Â
We have assisted our clients in managing vendors, hence reducing the time and effort required to manage costs and other processes.
To know more, TTC helps answer your questions : Contact Us
Prior Art Search
What is prior art?
Prior art is evidence proving that the inventions were known earlier. In simple words, the prior art is a piece of information used by the patent examiner to check the novelty of the patent or invention.Â
Prior art may include published disclosures, public demonstrations/uses, disclosed to the public by other means, and oral descriptions. If information about the invention or anything similar is already available, a patent application could be rejected. The norms of prior art vary from nation to nation.Â
For example, oral disclosure can be the criteria for prior arts in some nations (European Patent Office) but not in others
To know more about Prior-Art Search - Contact Us
What are the sources of prior art?
The prior art may be made on many elements including patents, published patent applications, and non-patent literature. Non-Patent literature may include books, evidence of sale or usage, videos, technical standards, white papers, journals, physical forms, and online resources.
To know more about Prior-Art Search - Contact Us
I have disclosed my invention in a conference; can the corresponding publication stop me from getting a patent?
"The prior art constitution varies among various jurisdictions. For example - the US patent law accepts ""your disclosure"" if it has been made within a year before the patent filing date.
But European patent laws are somehow extreme on that as they don't allow such a grace period to the applicant. You should contact your country's copyright and patent authority."
For more details you can Contact Us
What are the requirements for patentability?
"Your patent application goes through the parameters like your invention must be -Â
Novelty - It should not be available in any form before your patent filing date. Although, US patent law grants you a grace year before filing a patent application.
Useful - The patent law requires your invention to be useful and industrially applicable.
Non-obviousness Requirement - Your invention must be unique and should not be the modification of any object. It must not look similar to the prior arts.
To know more about Patentability Search - Contact Us
Do I need to conduct a patentability search before filing a patent?
Yes, sometimes a minute inference can sue your invention. Since patent filing is an expensive process, you must ensure that your invention is original by conducting a patentability search.Â
A patent search is useful to know if your invention already exists or is similar to any other invention which already exists. You can explore patent databases and the available resources like books or publications for the same.
To know more about Patentability Search Visit Us
What are the steps to conduct a prior art search?
Conducting a prior art search The first step is to understand the invention's concept. Reading invention disclosure & developing an understanding of the invention concept.Â
After understanding the invention thoroughly, key features of the invention are identified based on the novel aspect of the invention.
- Keywords Selection
- Keyword-based Search
- Classification-based Search
- Inventor Based Search
- Self Analysis and many more Combined Search
For more details you can Contact Us
What happens if there is prior art of your invention?
It simply indicates that your patent application could be rejected because it is not unique and has already been filed. If you still want to patent your invention, then you may change the claims or improve/modify your invention.
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For more details you can Contact Us
Patentability Search
What is a Novelty or Patentability Search?
The patentability search is focused on the prior art search for the novel patented subject matter. An invention is patentable only if it is new or unique, and a patentability search can help to determine whether it has been publicly disclosed by someone before the invention's critical date.
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To know more about Patentability Search Visit Us
Is it worth doing a Patentability search before filing?
Yes, a Patentability search must be done before the filing of a patent because an invention expends a lot of effort and expenses, so before filing, an inventor must be sure whether others have already staked a claim for that invention.
Â
To know more about Patentability Search Visit Us
What is the best way to do a Patentability or State of the Art Search?
"Browsing professional databases with international patent coverage is the best way to conduct a patentability search. For a good patent search, we need to look into different geographies and how technology is being practiced there. Though free patent search databases can also help you do a preliminary search to get an idea of where an invention stands, a search on a professional database is highly recommended.
To know more about Prior-Art Search - Contact Us
How much a basic Novelty/Patentability search would cost?
The cost of the search depends on a firm to firm, and the search requirements. It may vary from $300 to $2000 or higher depending on the search firm.
Â
For more details you can Contact Us
Can I conduct a Patentability search myself or should I have to go to a Professional?
Yes, you can conduct a patentability search on your own but up to a certain limit. There are chances that you may miss the prior art but a professional patentability search expert carries out the searches and identifies the related prior arts with different search approaches in professional databases and variations of the keywords. A good search logic will help to identify a good prior art and a patent research professional can best apply a good logic for performing the prior art searches.
To know more about Patentability Search - Contact Us
For a patentability search, is it safe/confidential to use a search engine such as Google?
"Any search engine cannot claim the invention as it is, they must know the process involved in the invention and Keywords alone don't give an idea for the complete method or process of the invention.
If a search engine such as Google can infer your whole invention by just knowing the Keywords, then the invention is very simple or may not come under the non-obviousness criteria that must be met to get a patent. Even if the invention is simple and its keywords are enough for a search engine to make a full invention, then it will be difficult for them to judge if the complete invention is patentable or new.
Further, if one has a fear of the stealing of their invention, then one can go for a provisional application filing before searching on Google. It will give an inventor a one-year window and filing of a patent can be done within this window."
For more details you can Contact Us
Trademark Research
What is trademark search?
A trademark search is conducted to check or identify the availability of a trademark, to ensure that you won’t violate someone else’s trademark rights.
To know more about TradeMark Research - Contact Us
What is the need to conduct a trademark search, is it mandatory?
No, it’s not mandatory but it is advisable to determine whether another business is already using a trademark that’s identical or similar to the one you wish to use, to ensure that you won’t infringe someone else’s trademark rights. The consequences of failing to conduct a reasonably thorough trademark search may be severe, depending on how widely you plan to use the trademark and how much it would cost you to change it if a conflict arises afterward.
To know more about TradeMark Research - Contact Us
Why do I need to conduct a worldwide trademark search?
Worldwide trademark search is conducted to check the availability of trademarks globally. If you are planning to operate your business globally or in different jurisdictions or will be in the future, it is advisable to conduct a worldwide trademark search.
To know more about TradeMark Research - Contact Us
What is trademark infringement?
Trademark infringement occurs when a business uses the same or similar name in a way that may lead to confusion with the trademark owner’s service or product in the customer's mind. In general, infringement does not require the infringer to be a competitor in the same goods or services, but infringement requires a similar product or services that have been offered in the same or different marketplace. If there has been an infringement of your trademark, you can take legal action under the statute of the reference country. As the plaintiff, it is your responsibility to prove that the defendant's use of a similar mark has raised confusion.
To know more about TradeMark Research - Contact Us
Should I hire a professional firm to conduct a trademark search?
To conduct a trademark search, you must search all of the countries' exclusive paid and free trademark registers, which includes all state registers (in the United States), country-specific trademark registers (internationally), published and unpublished trademark information, and common law registers for the associated country. It is advisable to hire a professional search firm to handle a trademark search rather than do it on my own.
To know more about TradeMark Research - Contact Us
What is trademark watching?
A trademark watch is performed to identify the potential infringers of your trademark with electronic watch services. This process involves systematically detecting any potentially conflicting trademark applications throughout the world and reporting any marks found to the client so that they can file trademark opposition to such marks to protect their brand.
To know more about TradeMark Research - Contact Us
What will the Trademark search report contain?
The report will include all relevant information concerning the potentially infringing mark, including the opposition deadline with that mark; so that you can take all required steps to protect your trademark.
To know more about TradeMark Research - Contact Us
How often do you provide trademark watch reports?
We TTC work 24X7 to protect your trademark, our watch services will inform you immediately as soon as it will arise to our online watch services. A report is provided as an email notification and as a hardcopy on demand.
To know more about TradeMark Research - Contact Us
Infringement Search
What is infringement Search?
Patent infringement is the commission of a prohibited act with respect to a patented invention without permission from the patent holder. Permission may typically be granted in the form of a license. The definition of patent infringement may vary by jurisdiction, but it typically includes the act of making, using, selling, or offering to sell a patented invention. To know more about Infringement Search or EOU Visit Us
Where an infringer (or Patent owner) can use his patented invention against an infringer?
"Patent infringement is the commission of a prohibited act concerning a patented invention without permission from the patent holder. Typically, permission is issued in the form of a license.Â
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To know more about Infringement Search or EOU Visit Us
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For example: if anyone will file a patent in the US country, then everyone in the US is prohibited from making, selling, or using the patented invention, while people in the other countries are free to make, sell or use the patented invention."
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What is the purpose of the patent infringement analysis?
Infringement search can be used in different types of analysis like
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- Claim Amendment during the prosecution phase
- Identification of illegal use of the patented invention
- Licensing Opportunities (Licensing-IN & Licensing-Out)
- Patent Monetization
- Patent Pruning
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What are the types of patent infringement search?
Direct and Indirect Infringement are the two types of patent infringement search. The indirect infringement can be further divided into two types i.e. contributory infringement and induced infringement.
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What is contributory infringement?
Contributive infringement occurs when a seller (third party) provides a part/material assistance/component that, while not itself infringing any patent, has a particular use as part of some other machine or composition that is covered by a patent.
For example: a patent claims a mobile phone having few components interconnected like display, processor, speaker and other parts and there is party A who is manufacturing the same mobile phone as covered in patent, and a party B provides a particular part to be used in manufacturing a mobile phone, then party B will be contributory infringer to that patent.
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What is the best way to avoid infringement? OR How can I find out if my proposed product infringes someone else's patent?
We can conduct FTO (freedom to operate) or non-infringement search in which claims of the enforceable patents are identified which covers the features related to a product to be launched in the market.
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To infringe a patent, do all claims need to be part of my product or even just half of them are enough?
If you sell or make a product that performs all of the steps or elements of a single claim, you will be liable for patent infringement.
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In case of infringement analysis, if description of infringed product/item is a little bit different from the claims of the infringed patent, how can we evaluate the infringer?
In this case, we can consider the "Doctrine of Equivalent" rule for infringement purposes.
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What is the Doctrine of Equivalent?
The doctrine of equivalents is a legal rule in most of the world's patent systems that allows a court to hold a party liable for patent infringement even though the infringing device or process does not fall within the literal scope of a patent claim, but nevertheless is equivalent to the claimed invention.
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How can an infringer save himself/herself after getting infringed by the infringe?
In this particular case, we can have below provided solution:
- By invalidating the patented invention
- By settlement or cross-licensing
- By obtaining a license
- By the expiration of the patent
What is cross-licensing in infringement?
A cross-licensing agreement is a patent law agreement in which two or more parties grant each other a licence to utilise the subject matter claimed in one or more of the patents each possesses.
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In infringement, is the scope of protection may vary from country to country? If yes, explain why?
Yes, the scope of protection varies from country to country. Because the patent is examined or in some country is substantially examined by the patent office in each country or region and may be subject to different patentability requirements.
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Can an expired patent infringe a product? Or What if I infringe a product on the expiration date of my patent?
The conduct of a prohibited act for a patented invention without the authorization of the patent holder is known as patent infringement. Typically, permission is issued in the form of a license. The act of creating, using, selling, or offering to sell a patented invention is usually considered patent infringement, though the definition varies by country. To be considered a patent infringement in many jurisdictions, a user must be commercial (or have a business purpose).
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General
What is meant by intellectual Property Rights (IPR)?
Intellectual Property Rights (IPR) cover creations of the mind and are granted by respective governments to IP creators for new and original ideas. No one can use another's intellectual property without their permission. These privileges come with a certain level of monopoly and exclusivity.
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Can I launch a product which is already in the market?
Yes, you can launch a product but before launching you need to Validate Your Product so that your product is safe and cannot infringe other inventions already in the market.
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Is copyright applicable to songs & movies?
Copyright laws governing Indian cinema only extend to songs, movies, and books, and the owner can't claim copyright of the title unless the title is a 'substantial' part of the work itself. If you want to use the lyrics/music of any song/movie you need to take permission from the owne.
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Is it possible to minimize the risk of invalidating other patents?
Yes, you have a validation search. And as a patent analyst, I would recommend having patent practice regularly to minimize the risk.
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How can we protect our patent from others?
After filing a patent, practicing regularly helps you protect your patent against invalidating or infringing other citations.
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What is a Patent? Types of patents?
"A patent is a right granted to an inventor by the federal government that permits the inventor to exclude others from making, selling, or using the invention for a period of time say 20 years.
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Types - Utility Patent, Design Patent and Plant patent
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Can software applications be patented?
Yes, in the United States, software-based inventions are still patentable. However, software patent applications must meet certain technical requirements and be drafted extremely carefully in order to be patent-eligible.
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Can a business method be patented?
According to the Indian patent act section 3, which deals with inventions that are considered not patentable, any mathematical method or business method or a computer program or algorithms are not patentable.
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What are the different types of searches in IP?
In our firm “TT Consultants” We offer different types of searches like:
- Patentability Search
- Validation/Invalidation Search
- Infringement Search
- FTO Search
- Technology Scouting
- Landscape and more.
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What is the XLPAT tool? How can it be helpful?
Xlpat is an Artificial Intelligence-based platform for automated patent search tools, idea novelty check, competitive analysis, infringement, prior art research. People have countless ideas every day, but only a few are valuable, spending money in any IP firm can be expensive. Our product provides you with a platform that can save your money in just a few clicks. To know more Visit our Website here
What is Landscape Research?
A Patent Landscape research is a broad search for patents in a particular technological area. Essentially, this search is deeper than a State of Art Search after it has been completed. Looking at huge sets of patent data might help you get a better perspective of the larger picture and make more informed decisions.
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What is technology Scouting?
Technology Scouting is a part of trend research which deals with the regular and systematic observation of technological developments and the early recognition of emerging technologies.
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What is patent scoring and ranking? How is it helpful?
Evaluating (scoring or ranking) your patents can help you determine the actual value of your patent, and understand the upcoming future trends. On the basis of the score, patents can be practised on regular intervals to identify the market growth and its requirement.
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Can I file a patent in multiple countries?
Yes, you can file a patent in multiple countries with multiple languages. A good option is to file an international application under the Patent Cooperation Treaty (PCT), administered by WIPO. To know more Visit our Website here
What is PCT (Patent Cooperation Treaty)?
Patent Cooperation Treaty (PCT) is  an international treaty that allows one to claim domestic priority in PCT member countries. Through PCT one can file applications in countries of interest within 30 months of the priority date . A patent search report is provided under the PCT system, and a preliminary evaluation of an application is performed on demand. This additional information allows the investment to be delayed for 30 months.
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Where do I file my application?
Once the application has been drafted, one needs to file the patent application with the Indian Patent Office in the prescribed format and submit it along with the requisite fees. One can also file their patent application online. For more information log on to www.ipindia.nic.in
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How much time does it take for granting a patent?
What is the life cycle of a patent?
The life of a patent is no longer than 20 years from the date of filing.
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