Subject-matter experts conduct searches in patent and non-patent databases
Prior art searches are essential to invalidate (or validate) patents. Prior art searches in patent litigations are tougher and require unconventional search approaches because the searcher is trying to outperform the patent examiner. A thorough prior art search identifies potential weaknesses in a patent and that information can be used to build a stronger case.
LitAgility’s team of subject experts are highly skilled at conducting prior art searches. Our approach to prior art searches involves not only human experts but also proprietary Deep Web & AI / ML tools. Searches are typically conducted in diverse sources, such as patents, scientific articles, conference presentations, web-sites, YouTube videos, marketing brochures, and more.
The search involves multiple steps as described below:
- Comprehensive search in multiple sources as mentioned above
- Analysis of the hits obtained based on key patent claim elements
- Charting of claims against key prior art references, with excerpts and drawings citations
- Highlighting of key 102/103 references
Our technical experts follow a narrow-to-broad search approach on most projects. This approach ensures that the probability of finding key art is maximized. Frequent interactions and iterations with clients ensures that the results fill gaps in arguments as much as possible.
Search Approach Example: Narrow to Broad Search Approach
Client deliverables:
- A PowerPoint/Excel/Word report containing the list of relevant prior art, along with source pdf documents
- A claim chart loaded in BridgeIP™ comparing the key elements of a patent with extracts from the retrieved prior art
- Detailed search strategy report with keywords and class codes searched
Examples
- 1
Claim charting with a comparison of key technical features of the target patent with those in prior art
- 2
Similar patents related to client’s patents on specific valves
- 3
A list of similar patents relevant to the client’s claimed elements
