Patent Searching Guide for Conducting Patent Searches in Asia - China, Japan, Korea, Singapore, Malaysia, India, Indonesia, Hong Kong - Patent Attorney for Filing PCT Foreign Patents
2. 2
Asian Patent Searches – Patent and Non-patent Literature
• General Patent Search – Patent Scan Search
• Novelty Search – Patentability Analysis
• Patent Validity Search – Invalidation Analysis
• Patent Infringement Search – Infringement Analysis
• State of Art Search – Patent Technology Landscape
• Freedom to Operate – Product Clearance Analysis
• Design Patent Search
3. 3
General Patent Search in Asia – Patent Scan Search
• Done before filing a patent
• Low cost, basic and general patent search
• Brief analysis of concept of proposed invention
• Keywords used to form basic patent search strings
• Abstract / brief description of invention needed
• Known prior art used to scan field of invention
4. 4
Novelty Search – Patentability Analysis in Asia
• Systematic prior art search to determine patent eligibility
• Based on patent classification followed by patent offices
within Asia
• Search strings include combination of keyword with patent
classification
• Aimed at determining novelty / patentability of a new
invention
5. 5
Patent Validity Search – Invalidation Analysis in Asia
• First step includes determination of patent claims or relevant
features of interest of proposed invention
• Aimed at determining documents or prior art that can be
used to invalidate the proposed invention
• Search strings include combination of keywords, patent
classification & forward / backward patent citations
• Patent / non-patent references are equally relevant
6. 6
Patent Infringement Search – Infringement Analysis in Asia
• Aimed at searching patents that may be infringed by the
manufacture, sale or use of a specific article, apparatus or
process covered under proposed invention
• Legal status of relevant patents extremely important
• Search focused on relevant claims that are enforceable in
jurisdiction (country) of interest
7. 7
State of Art Search – Patent Technology Landscape in Asia
• Aimed at highlighting a particular technology sector
• Search includes granted patents and patent publications
within a specific area of interest
• Goal of search is important to perform analysis
• Technology landscape and state of art search results can be
used for product positioning within markets of interest
8. 8
Freedom to Operate – Product Clearance Analysis in Asia
• FTO Search covers pending patent applications and granted
patent applications in a particular jurisdiction
• Product Clearance Search includes legal status
• Jurisdiction / country of interest is crucial for FTO search and
analysis
• Conducted for technology that is crucial for product launch
9. 9
Design Patent Search in Asia
• Searches conducted against a specific design
• Aimed at establishing novelty of design
• Can also be used to ascertain validity, right-of-use, or state-
of-the-art
• Locarno classification used to define search strings
• Analysis of design images included in design patents is
crucial