Search and Analysis – LexAnalytico

SEARCH & ANALYTICS SERVICES

A patent strategy is based on thorough research and analysis. Our expert search services cover

Patentability Search:

When a new invention disclosure is received, it’s important to analyze whether an invention is novel, non-obvious, and industrially applicable. We do thorough searches through international paid and publicly available patent databases to identify relevant prior art. We corroborate our search report with an opinion that provides inventors a clear picture on patentability of their invention with respect to prior art. The search report can be used as a constructive report by inventors to improve their invention or design around the solution, if required. Our reports can be used by patent manager/in-house counsels to take a quick decision on whether or not to pursue the patent application. The report can be used by patent drafters to scope out the invention for better protection and navigate through the potential objections from Examiner.

Invalidation Search

In patent litigation, the invalidation of a competitor’s patent may be a central legal tactic. We perform thorough prior art searches to find publications, patents, or other disclosures that can be used to challenge the validity of an issued patent in litigation or opposition proceedings. The invalidation search may also be a useful report for patent owner to re-test the validity of their allowed/issued claims, before initiated costly legal battle. Our report includes the essential claim elements and relevant citation presented in easy to consume format. Our team of subject matter experts, legal professional and patent search professional work together to prepare the invalidation report highlighting technical and other legal grounds of invalidations, which can directly or with minimal edits be presented before adjudicating authorities.

Freedom to Operate (FTO) Search & Opinion

Companies need to ensure that they are not violating existing patents owned by others introducing a product or entering into a new market. Our FTO search and legal opinion services assist companies in avoiding potential risks by:

1. Find active patents that may be an infringement risk- We make thorough searches in worldwide patent databases to identify granted patents and pending applications that can limit market entry.

2. Offer legal opinions on possible infringement- Our legal specialists examine the scope and enforceability of applicable patents, providing clear risk evaluation of possible legal disputes.

3. Proposing design-around solutions or licensing alternatives- In case of risk of infringement, we offer alternative solutions like changing the product design, using alternative technologies, or negotiating licensing arrangements to prevent legal conflicts while maintaining business continuity.

Evidence of Use (EOU) Analysis & Claim Charts

In patent enforcement, licensing, and litigation, businesses need to determine how their patents are utilized in the marketplace. We perform a detailed analysis comparing actual products, manufacturing processes, and software implementations with patent claims. Our organized claim charts present tangible evidence of possible infringement, assisting clients in licensing negotiations, litigation, or royalty matters. With definitive EOU documentation, companies can enforce their patent rights on unauthorized users or pursue monetization through licensing contracts and settlements.

Claim charts

We aid patent holders, tech companies, and legal representatives by performing analysis of competing products and preparing claim charts, which are adoptable for purposes of litigation, negotiations, or monetization efforts. For the purposes of analyzing infringement, as a defensive tactic, or to undertake merger and acquisition due diligence, our claim charts provide wide-ranging insights which guide clients toward sound decision-making. In addition to infringement analysis, claim charts also have a key role to play in standard-essential patents (SEPs) and FRAND (Fair, Reasonable, and Non-Discriminatory) licensing negotiations. Our professionals ensure that claim mapping can be a basis for enforcing patent rights or defending against allegations of infringement.

Teardown & Reverse Engineering

Teardown & Reverse engineering of products expose us to intensive knowledge of the competing technologies, possible patent infringement, and potential innovation opportunities. Our procedure involves an in-depth product teardown where we dismantle and examine hardware, software, and manufacturing methods to know the inside out of them and to identify parts or phases that could violate existing patents. Our team aligns the broke-down product with patented claims to identify possible infringement situations. By reviewing competitor design, we assist businesses in determining gaps, proposing improvements, and guiding new patent application drafting to enhance their IP position.

Patent Landscape Analysis

A patent landscape analysis provides an overview of a technology space at the macro level, allowing businesses to make strategic R&D, investment, and IP decisions. Our analysis entails:

1. Mapping top players and their patent portfolios – We examine competitors’ patent filings, allowing companies to better understand their IP positioning and market strategy.

2. Identifying white spaces and areas of technology need – By isolating underpenetrated space in a tech area, companies can identify uncharted innovation fronts and apply for patents in areas of high opportunity.

3. Assessment of opportunities and risks in an industry – With our insights, companies can judge patent risk, forecast industry trend, and set R&D spends for optimal business benefit.