{"id":55612,"date":"2022-11-09T00:00:00","date_gmt":"2022-11-09T00:00:00","guid":{"rendered":"http:\/\/35.208.6.27\/xlscout_new\/how-to-search-for-prior-art\/"},"modified":"2024-10-16T10:50:49","modified_gmt":"2024-10-16T10:50:49","slug":"how-to-search-for-prior-art","status":"publish","type":"post","link":"https:\/\/xlscout.ai\/fr\/how-to-search-for-prior-art\/","title":{"rendered":"How to Search for Prior Art?\u202f"},"content":{"rendered":"

What is Prior Art?<\/strong><\/h2>\n

Any proof that your innovation is already known is referred to as \u00ab\u00a0prior art.\u00a0\u00bb<\/p>\n

Prior art does not have to be physically present or commercially available. It is sufficient that someone, somewhere, sometime previously described, demonstrated, or created something containing a use of technology that is very similar to your innovation.<\/p>\n

Prehistoric cave paintings can be considered prior art. Prior art can be a piece of technology that is centuries old. It can be a previously identified idea that could not possibly work. Prior art can be anything at all.<\/p>\n

Prior Art Search<\/strong><\/h2>\n

To begin the prior art search<\/a>, the analyst can generate an exclusion list, which includes a list of citations (patents and non-patents) cited on the face of the subject patent and their family members. These citations are generally excluded from the scope of the search, but an exception could be made based on the client\u2019s needs.\u00a0 <\/span>\u00a0<\/span><\/p>\n

This includes a list of citations cited by the examiner during examination, which are also discussed in the file history, and by using these patents we can gain valuable insights into the technology and which types of citations should be excluded from the prior art search scope.\u00a0 <\/span>\u00a0<\/span><\/p>\n

The arguments in the file history can also be used to understand the novel key features and points that the applicant has attempted to defend. The file history also contains the examiner\u2019s search strategies, which can provide the analyst with ideas for constructing search strings or strategies as well as some valuable keywords.\u00a0\u00a0<\/span>\u00a0<\/span><\/p>\n

Following that, we can begin with some free automated prior art searching on Google or Google Patents<\/a>. \u202fFurthermore, one can use XLSCOUT’s<\/a> AI-based tools<\/a>, which include an invalidator<\/a> tool, where one can enter the patent number to be invalidated and it will generate a bucket of patents automatically.\u00a0\u00a0 <\/span>\u00a0<\/span><\/p>\n

Other jurisdictions\u2019 family analysis and prosecution history analysis: In this search, the bucket containing the backward citations of the subject patent\u2019s family members is extracted, and the patents on the exclusion list are removed from the former bucket. The list of remaining patents can be analyzed to find relevant prior art.\u00a0\u00a0<\/span>\u00a0<\/span><\/p>\n

Then we can perform\u202fsome basic prior art searches like:\u00a0 <\/span><\/b>\u00a0<\/span><\/h2>\n

Citation Analysis<\/span><\/b>\u00a0<\/span><\/h3>\n

This is the bucket of patents produced by extracting the backward citations of the subject patent\u2019s forward citations. As well as the forward citations of the subject patent\u2019s backward citations. This bucket is then reduced by attaching the search cut-off date, as well as a few classes or search keywords. Citation Analysis can be performed on any database.\u00a0 <\/span>\u00a0<\/span><\/p>\n

These intelligent methods of prior art searching assist in quickly locating relevant prior art. Furthermore, they provide the analyst\/researcher with deeper insights, keywords, synonyms, and\/or classes that can aid in furthering the search. Furthermore, certain citations may already be known to the client. This can provide the searcher with in-depth knowledge of the domain, the claim’s missing factors, important assignees and classes, etc.<\/span><\/p>\n

In the next step of the search, the analyst can use keyword and class-based strategies\/strings. These strategies can be developed using a variety of paid and free databases, including <\/span>Orbit<\/span><\/a>, <\/span>XLSCOUT<\/span><\/a>,<\/span>\u00a0<\/span>Patsnap<\/span><\/a>, <\/span>Google patents<\/span><\/a>, <\/span>Lens.org<\/span><\/a>,<\/span>\u00a0<\/span>IEEE<\/span><\/a>, <\/span>IETF standards<\/span><\/a>, <\/span>ETSI<\/span><\/a>, <\/span>Espacenet<\/span><\/a>, <\/span>J-PlatPat<\/span><\/a>, and others. These strategies cover the claim scope by going from narrow to broad, using all possible methods, keywords, strings, and classes. \u00a0<\/span>\u00a0<\/span><\/p>\n

Following that, the analyst\u2019s bucket of citations\/patents\/non-patents extracted from the above searching process can be utilized in the following ways:\u00a0\u00a0<\/span>\u00a0<\/span><\/p>\n