What is the difference between patentability and freedom to operate?

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PATENTABILITY SEARCH:

There are three prerequisites for getting a patent namely: (i) novelty, (ii) inventive-step (non-obviousness) and (iii) industrial application (utility).An invention is said to be novel when it is neither published anywhere in the world nor used by public before the date of filing patent application.

For more information regarding patentability, click on the link below:

Delhi IP · February 10, 2023
What is Patentability/Novelty Search in Patents?
There are three prerequisites for getting a patent namely: (i) novelty, (ii) inventive-step (non-obviousness) and (iii) industrial application (utility). The first and foremost prerequisite is novelty and then comes inventive-step (non-obviousness). Establishing industrial application (utility)is comparatively easier. An invention is said to be novel when it is neither published anywhere in the world nor used by public before the date of filing patent application. Similarly, an invention is said to be inventive (non-obvious) when the invention involves a feature which is non-obvious to a person of ordinary skill in the art (POSITA). Such hypothetical person (person of ordinary skill in the art) is an ordinary person having ordinary skillset in a particular technical domain to which the invention pertains. Utility of an invention is comparatively easier to establish. An invention always solves a long-standing problem by providing an inventive product or process. However, for establishing industrial application one has to consider the reproducibility and scalability of the invention along with utility. Since, getting patent is a costly process in terms of money as well as time; therefore,, it is always suggested to conduct a patentability/novelty search before filing a patent application to ascertain the probability of patent grant as well as scope of claims expected to be granted. Further, patentability/novelty search also helps in drafting patent application and its claims in such a manner that it takes shortest possible time to get patent. A standard patentability/novelty searches includes: 1. Patent Search Patent search includes searching relevant patent documents and their analysis for assessing patentability/novelty of the invention. It includes searching of patent documents worldwide from different patent authorities e.g., United States Patent & Trademark Office (USPTO); European Patent Office (EPO). Such search can be done through official website of such patent authorities or through paid/unpaid search engines which provide access to such multiple patent authorities e.g., Google Patents. 2. Non-patent Search Non-patent search includes searching relevant non-patent documents and their analysis assessing patentability/novelty of the invention. It includes searching of published non-patent documents such as research articles, review articles, research work, thesis, project reports, product listings, product specification, blogs, forums etc. Such search can be done through paid/unpaid web search engines e.g., Google, which provide access to such non-patent information. While patentability/novelty search can be performed by the inventors on their own; nonetheless it is always advisable to get professional services as the results and inference can differ widely, if the searches are not done properly. We at Delhi IP have patent professional who are experts in conducting Patentability/novelty searches and providing best services to our clients. Keyword(s): Patentability search, novelty search, patent search, indian patent search, novelty, inventive-step, non-obviousness, utility, industrial application We hope this information is helpful to you. Thanks & Regards, Delhi Intellectual Property LLP Phone: +91-9911456111 / +91-9911984111 Website: www.delhiip.com Email: info@delhiip.com
https://delhiip.quora.com/What-is-Patentability-Novelty-Search-in-Patents

FREEDOM TO OPERATE:

A Freedom-to-Operate (FTO) is a type of Patent search which is carried out to ascertain whether commercial launch of any product/service involves any potential risk of infringing someone else’s active/enforceable patent rights. Therefore, it is always advisable to get an exhaustively conducted freedom-to-operate (FTO) search, before launching a product/service at commercial level irrespective of the patented product/services or generic product/services.

For more information regarding freedom to operate, click on the link below:

Delhi IP · February 10, 2023
What is freedom-to-operate (FTO) Search/Analysis in Patents?
A Freedom-to-Operate (FTO) is a type of Patent search which is carried out to ascertain whether commercial launch of any product/service involves any potential risk of infringing someone else’s active/enforceable patent rights. Huge amount of money is involved in launching new product/service and it can be devastating to know later on that the same is covered by someone else’s patent rights. Therefore, it is always advisable to get an exhaustively conducted freedom-to-operate (FTO) search, before launching a product/service at commercial level irrespective of the patented product/services or generic product/services. Freedom-to-operate (FTO) search involves searching relevant patent documents (active/enforceable patents and pending patent applications) from relevant patent authorities, analyzing claims and carrying out product/service to claim mapping. Freedom-to-operate (FTO) search also help in identifying commercial opportunities by confirming the limits in existing patents. Some ways in which we helped our clients in identifying commercial opportunities are: * The patent owner is required to pay patent renewal fees every year throughout the period of 20 years. If the patent owner does not pay patent renewal fees, then the patent gets expired and falls into the public domain and can be used by anyone without risk of infringement. FTO search helps in identifying these types of patents and associated business opportunities; * FTO search also helps in identifying technologies whose patent has been expired and which can be used by anyone risk free; and * Freedom-to-operate (FTO) search also helps in identifying parts of invention which are not protected by patent and which can be used by anyone without any risk of infringement. We at Delhi IP have patent professional who are experts in conducting freedom-to-operate (FTO) searches along with our Patent Agents/Attorneys who can provide expert opinion based upon those searches. Keyword(s): freedom-to-operate, freedom-to-operate search, freedom-to-operate patent search, FTO search, FTO patent search, freedom-to-operate analysis, FTO analysis We hope this information is helpful to you. Thanks & Regards, Delhi Intellectual Property LLP Phone: +91-9911456111 / +91-9911984111 Website: www.delhiip.com Email: info@delhiip.com
https://delhiip.quora.com/What-is-freedom-to-operate-FTO-Search-Analysis-in-Patents-1

Hope we answered all your queries.

Thanks & Regards,

Delhi Intellectual Property LLP

Phone: +91-9911456111 / +91-9911984111

Website: www.delhiip.com

Email: info@delhiip.com

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