Procedure for removing a patent on the battlefield
Digital MarketingPatent invalidation:
defend a patent claim to show that the existing patent is invalid and was incorrectly granted. This is done by discovering a record that proves that the claimed invention is neither new nor obvious.
Why do people invalidate?
* Invalidation search is a defensive tool used by a company when it infringes on a patent.
* It is carried out by a company to practice a technology without paying royalties to the assignee who owns the patent rights to be invalidated.
* It can be used by a company to find out if someone is infringing its patent.
Patent invalidation procedure:
a) Retrieve the international search report of the patent to be invalidated and check the patents listed there.
b) Background study
1) Carefully read the patented invention or the invention to be invalidated.
2) Get a deep understanding of the invention by consulting the drawings.
3) Locate the inventive stages of the patent to be invalidated
4) Prepare mind maps or flow charts of the study you have done to remember later
5) Search Google and other databases for different possible terms for inventive stages.
6) Have a brainstorming session
c) Preparation of technology or taxonomy evaluation parameters
1) Locate the step-by-step procedure
2) Select the claims to be invalidated
3) Divide the claims into parts.
4) Write the divided parts of the statements in simple language to facilitate understanding and analysis.
5) Prepare a mind map or flow chart of the taxonomy.
d) Preparation and search of keywords
1) Geographical conditions: Narrow the search to the priority date if the target patent is a US patent. (Note: if you are invalidating a European patent, the publication date of the origin patent must be before the priority date of the destination patent)
2) Use appropriate databases to search
3) Search by developing the search strategy using the application area of the invention or the elements.
4) Search developing the search strategy using the problems of the inventions.
5) Search developing the search strategy using the solutions of the invention.
6) Use different synonyms of the elements or steps of the invention.
7) Locate the relevant International Patent Classifications (IPC) and search using them
8) Try searching using broad queries first, then use narrower queries if you find the results are on target.
9) Modify the queries if the search results are vague or inappropriate.
10) Search using the keywords that match the different technical possibilities of the elements of the invention.
11) Try to get into the areas where the invention can be applied alternately or think outside the box. Strategize using those areas and look for
12) Change databases accordingly
13) Use the appropriate database operators to formulate your queries.
14) Change the scope of the queries accordingly. For example: statements or (title and summary) or description, etc. Depending on the databases
e) Analysis
1) Look at the title and abstract and decide if the document is on target or not
2) During this decision, consider registering on the target if you find it minimally relevant as well
3) Always remember the steps of the invention.
4) Use diagrams that are considered a universal language for analysis.
5) Try to interpret the steps in the context of the document you are studying if the section of the document appears to be relevant.
6) Try to write the analysis in the context of the statement or part of the statement you are working on.
7) If you find most of the items in a document, read it more carefully to find the rest. This is to test that document as an X attack.
8) Be patient when analyzing documents
9) Mark the relevant areas of the analysis in a pdf file, so that it is easy for the customer to understand.
10) Prepare the spreadsheet in a more interactive and easily understandable way