Derwent research guides
Before launching a product into the market, you need to perform a clearance search to ensure you are not infringing a competitors’ patent. Consider these steps in Derwent Innovation when conducting a Freedom to Operate analysis.
Distill product features into key concepts and terms
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Develop a concentrated fielded search query
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Expert searchers can use advanced Searchable Characters like {d} for digit and {v} for vowel for additional precision claim searching.
Use classification codes to supplement keywords
Classification codes broaden your search to include relevant patents which might not contain your initial key terms:
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Use the Preview / Edit Query box to add extra parenthesis ( ) around any fields to be searched in the disjunctive with the OR operator. Click Check Syntax to confirm correct parentheses balancing and then click Search.
Apply jurisdictional limitations where FTO is needed
Limit your results to countries where you plan on making/selling the product before or after running the search.
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Consider including PCT Applications (Country Code WO) to retrieve results that might enter the National Phase in relevant jurisdictions.
After Search: Apply Country Code Filters
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You can also Subsearch above the results and enter the relevant country codes, separated by the OR operator.
Focus on patents that may still be in force
Narrow to active patents by the Dead/Alive filters and further narrow by Grants/Apps or estimated remaining life.
NOTE:
You may want to monitor pending applications with Watch Records to be notified when the granted patent publishes and review the scope of claims allowed. See the Alert section further down in the workflow.
Customize your result list columns for faster review
Sorting Tip:
Consider displaying the Estimated Remaining Life in your result list to sort and browse results based on the enforceable patent life of the results. To sort by both Dead/Alive and Remaining Life, click Advanced Sort above the result list.
Review result list and optionally narrow search
Review individual records for infringement risk
Click the hyperlinked publication number for the first record in your results list to open the record view to see full details about the patent. Key Summary information helps you quickly identify records for review:
Review images and assess the legal status of problematic patents.
Export data to perform offline, in-depth analysis
Derwent Innovation lets you export data in numerous formats, including Excel, to perform automated analysis offline that you can share with colleagues or clients.
NOTE:
Derwent Innovation provides the best possible data about the patent, including highly accurate predictions about patent status and expiration dates. However, you should always refer to the patent issuing authority for the most recent, complete legal status data.
Alerting and Monitoring for future risks
Receive notifications when new patents that match your search are published
Alerts automatically rerun your query at set intervals and notify you when your search finds new results so you can keep up-to-date with new published patents that may affect your freedom to operate.
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You can select Excel for your Alert delivery format which allows you to review key data and transmit to colleagues easily for commentary.
Finding pending applications for Watch notifications
Pending applications provide a warning of future patents where your invention may infringe. You can easily update your original search to find those patent applications.
Watch patent applications that pose a high risk
Analyze the patent applications for potential infringement risks with the same methods used to analyze granted patents. If you find a potential risk, you can receive notifications about further developments to the patent.
Click Save; you will receive notifications when any of the selected events affect the patent application
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You may want to Watch high risk granted patents for DWPI or INPADOC family changes to be notified of new members which publish in other jurisdictions of interest.