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This content is jointly prepared and copyrighted by Dr. Manish A. Rachchh, Associate Professor of GTU, Ahmedabad and Mr. Amit Patel, IPR-Coordinator, GTU, Ahmedabad. We try to acknowledge the references wherever possible. If some portion is not acknowledged then kindly consider that this is going to be used for Fare Use purpose only. Further, this material can be used by readers for Fare Use purpose only and should not be used for commercial purpose directly or indirectly. The authors also duly acknowledge the support received from Honb. Vice Chancellor Dr. Akshai Aggarwal Sir and Mr. Hiranmay Mahanta in drafting this Module-3. For any clarification, suggestion or further assistance on content part, kindly contact authors.
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Module 3: Patent Search and Analysis Report Patent Analysis report is the process through which you can summarize the relevant patents in brief, concise and precise way and can able to understand the area of protection covered by such patents. Once said analysis is over for 10 to 15 relevant patents, then from that you can able to get very clear cut idea that in your interested field of technology, how much work has been done so far and still how much White space/ Blank space is available to work upon from your side. This will make your IDP/UDP/Dissertation project unique itself.
An inventor (like you) can make sure that your invention is unique before you spend time and money to work upon some IDP/UDP/Dissertation topics (this would be a Novelty search). A patent examiner at Patent Office carries out Patent search to check the relevant prior art, if any existed, and cite them on his First Examination Report (FER) to be sent to the applicant. Depending on the similarity between the prior-art cited and accused application, the Controller may reject the patent application for further proceedings or allow it with some amendments. (this would be Novelty Search) A company would like to produce a product, and although they do not wish to patent the product themselves, they want to make sure that they do not get sued by someone else that might have already patented the idea (this would be an Infringement search). Company A is making a product, and is being sued by Company B, which believes it holds a patent on the product, and Company A would like to prove that Company Bs patent is invalid (this would be a Validity search). A researcher would like a comprehensive listing of the most recent patents in a certain field, to help guide his research (this would be a State-of-the-Art search).
3.
There are many open source Patent database are available. The list of which is given in Module2 (page no.15). Out of these use two important open source databases which includes. i) ii) Worldwide database available from EPO site http://worldwide.espacenet.com/advancedSearch Indian Patent Office (IPO) database from Patent office website http://ipindiaservices.gov.in/patentsearch/search/index.aspx
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Module 3: Patent Search and Analysis Report Regarding how to do the search using above mentioned two databases, you can refer material of Module-2- Patent Search Methodology available at: http://www.gtu.ac.in/circulars/13Aug/Module%202Patent%20Search%20Methodology__3rdAug2013.pdf After searching, down load at least 10 (Ten) patent documents from EPO / IPO database, which you feels more relevant to your IDP/UDP/Dissertation topics. After down loading 10 complete patent documents from EPO / IPO database, understand the content / embodiment of Patent document as given under Point no. 4 and thereafter start preparing Patent analysis report as per format given under next Point no. 5.
4.
Content/ Embodiments of Patent Application Any Patent Application filed in Indian Patent office should possess following structure: Title of invention Name of applicant(s), nationality and address Name of inventor(s), nationality and address Preamble of application Field of invention Background of Invention Object of invention Summary of Invention Detailed description Claims Figures (if any) Abstract Searchable fields of Indian Patent After 18 months of the date of filing, application get published by the Patent Office in the Paten office journal with following details o Application Number o Date of Application o Date of Publication o Title Of Invention o International Patent Classification (IPC) o Name And Address Of The Applicant o Name Of Inventors o Priority Details (if any) o Abstract (With OR Without Figure)
Gujarat Technological University, Ahmedabad Page 5
Module 3: Patent Search and Analysis Report Patent Search of Indian patents can be possible using Indian Patent office database (available free online) by using any of above mentioned field. Non-searchable fields of Indian Patent At present following fields are not available online for search. These include: Field of invention Background of Invention Object of invention Summary of Invention Detailed description Claims Figures (if any)
Searchable fields of International Applications and Worldwide patens Most of the major Patent Offices of the world, viz. USPTO, EPO, WIPO etc. are publishing full text patent articles, in which each above mentioned searchable-fields as well as non-searchable fields can be searched online. After patent search, down load Bibliographic page Form 1 Form 2
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Click on View documents Pop up might be blocked, so Allows Pop up from this site Again click on View documents
Gujarat Technological University, Ahmedabad Page 7
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5.
After downloading and understanding different parts/embodiments of patent, now you can start entering details of patent in the format given as per below. SAMPLE FORMAT
Sr. No.
Question
Answer
Provide exact phrase consisting on keywords and Boolean operators used to get relevant results. Give the number of related patents you get after using proper Search String.
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13 14
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Also Published as
Give details of one or more countries and relevant application/patent number in which application for patent is made to protect invention
Name of Inventor/s*
Address of Inventor*
City of Inventor
Country of Inventor
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Address of Applicant*
City of Applicant
Country of Applicant
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Give details of one or more applicant/assignee who has made an application for patent, and who owns the rights of patent.
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Mention whether the applicant for patent is an individual person/s or an organisation (Company/College/University etc). Select any one from Individual/Organisation
Specific Problem Give details about objectives and benefits of particular Solved/Objective of Invention* Invention/Patent. Brief about Invention*
Give in-detail brief information about patent, and its technical details.
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Give details of key learning points each student has understood after studying each patent. Here students have to give details about what they have understood after reading a patent document. What is the invention about? What are problems of prior art? What are its benefits? Etc. Students have to make summary of each patent in not more than 500 words. Give the number, How many claims are there in patent. Select any one which is suitable for studied patent Published Application/Granted Patent/ In-force Patent/ Failed to maintain the Patent/Expired Patent Select any one indicating % relevance of this patent document with you IDP/UDP. : > 91 %, 71 to 90%, < 70 %, Not related to IDP/UDP After studying each patent thoroughly and by answering all the previous questions, each student has to answer this question very carefully and give your valuable ideas in a very precise manner. Here students have to think for any possible modification/improvement in the studied patent he/she can make so as to maximise its effectiveness/user friendliness. Students have to give idea about possible alterations they can make in briefly about 500 words.
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Summary of Invention*
Number of claims* Patent Status* How much this invention is related with your IDP/UDP? *
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Do you have any idea to do anything around the said invention to improve it? (Give short note in not more than 500 words) *
Part-4: Student details who has prepared Report 30 Name of student* 31 Enrolment number of student* 32 Branch of study* 33 Semester of study* 34 Institute name* 35 Title of your IDP/UDP* 36 Contact number of student* 37 E-mail id of student* 38 Name of your group members working for this IDP/UDP (Provide 4 boxes to enter the name of students)* 39 Name of your Guide/Faculty mentor* 40 Contact number of your Guide/Faculty mentor* 41 E-mail id of your Guide/Faculty mentor*
Gujarat Technological University, Ahmedabad Page 22
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8: Ans:
What is meant by Application Number? Here student have to take care that application no. and patent no. for each patent are different. So understand the difference between them and exactly provide the application no of each patent. Application Number is the number given by patent office at the time of receipt of application for patent, while the Patent Number is the number given when the patent is granted after fulfilling all the requirements of patent office. What is meant by Patent Number? Patent is granted after around 2-5 years of making an application for patent, after checking novelty feature and all other requirements by patent office. So in this question mention the patent number. What is meant by Date of Filing/Application? Filing Date is the date on which application for the patent is made to respective patent office. What is meant by Priority date? Priority date is the first date on which application for the patent is made. Where an application for patent in India (or any other country) is based on a previously filed patent application in any other country, the priority date of that patent shall be the date of the previously filed application in which the invention was first disclosed. What is meant by Publication/Journal Number? After the application for patent is made, details about the patent application are published in Patent office Journal of respective country. In this question students have to mention the Publication No./Journal No./Bulletin No. etc in which application for patent is published. What is meant by Publication date? For each patent, the publication date is the date on which particular issue of Patent Office Journal containing details of specific patent application is published.
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Module 3: Patent Search and Analysis Report 14: Ans: What is meant by First Filled Country? Patent gives territorial rights. So if inventor wants a patent protection in more than one country than he has to file patent application in different countries separately for the same invention. So the country in which applicant has filled first application is called First Filled Country. What is meant by Also published as (Name of Countries where patent filled & relevant Patent (application) No)? As said in answer of question 14, if inventor wants a patent protection for his invention in more than one country than he has to file patent application in different countries separately. So in answer of this question students have to give details about in which countries application for the same invention is made, and the application number for each such application. Were no data is available just answer it as Not Applicable. What is meant by Name of Inventor/s and other details of Inventor/s? Inventor/s is the one who has developed this invention. So here students have to give name/s of Inventor/s of each patent. Also give other details like: Address, City & Country of Inventor/s. What is meant by Name of Applicant/ Assignee and other details of Applicant/ Assignee? Applicant/ Assignee are the one who owns the rights of Patent. It is possible that the inventor and the applicant for the patent are two different persons/entities. It is particularly true for Patents developed by any legal entities (such as organisation, company, colleges or universities). So in such cases students have to give name of such applicant for the patent. In case where the inventor and applicant for patent both are the same than give name of applicant/s here for one more time. Also give other details like: Address, City & Country of Applicant/ Assignee. What is meant by who is Applicant for patent? To answer this question, Students have to select any one from individual or organisation given under dropdown menu, as explained under answer of question of 17.
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Module 3: Patent Search and Analysis Report Students can answer the following questions after thoroughly reading patent document. 19: Ans: What is meant by Limitation of Prior Art? Prior art constitutes all information that is available to the public in any form before a given date (i.e before the date of patent application). In answer of this question students have to mention details about Limitations or problems associated with technologies/product available before the patented article for which application for patent is made. What is meant by Specific Problem Solved/Objective of invention? Here students have to describe the advantages/benefits of the patented article. And also to add a note on what kind of problems will be solved by this invention. What is meant by Brief about Invention? Here students have to add a note on each technical detail associated with invention, describe all aspects of Invention in full. Describe all the figures; give the examples mentioned under patent document. In this part students have to give all details of Invention. What is meant by Key Learning Point? Here students have to give details about what things he/she has learnt about particular technical field after reading a patent. What is meant by Summary of invention? Here students have to give details about what they have understood after reading a patent document. What is the invention about? What are problems with present available technology? What are benefits with this invention? Etc. Students have to make summary of each patent in not more than 500 words. What is meant by Number of claims? Here students just have to mention the number of claims under each patent they have studied. What is meant by Patent Status? Here students have to answer this question by selecting any one option from: Published Application/ Granted Patent/ In-force Patent/ Failed to maintain the Patent/Expired Patent. Students can get answer about this question by checking its status and by seeing its renewal fees payment history.
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What is meant by how much this invention is related with your IDP/UDP? Here student have to select any one option from > 91 %, 71 to 90%, < 70 %, Not related to IDP/UDP in relation to the closeness of subject matter between studied patent and the subject matter of everyones IDP/UDP. What is the meaning of - Do you have any idea to do anything around the said invention to improve it? After studying each patent thoroughly and by answering all the previous questions, each student has to answer this question very carefully and give your valuable ideas in a very precise manner. Here students have to think for any possible modification/improvement in the studied patent he/she can make so as to maximise its effectiveness/user friendliness. Students have to give idea about possible alterations they can make in briefly about 500 words.
27: Ans:
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http://ipindiaservices.gov.in/patentsearch/GrantedSearch/ReportProjectPopUp.aspx?Appl_No=203 1/MUM/2006&Pbl_No=2031/MUM/2006&Pat_No=227873
The tips on : How to access patent databases, Different parts of patent database and How to interpret original patent document to generate Patent Search and Analysis Report can be found in a downloadable PDF file Compendium of Module 3- Interpretation of Patent documents from different databases available on online project tracking portal. Sample Patent Search and Analysis Report should be like this:
Sr. No.
Question
Answer
Carbureted engine Device In case of more than Five Keywords : Not Applicable
3 4
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7 8 9 10 11 12 13 14
Title of Invention* Patent No. Application Number* Date of Filing/Application* Priority Date Publication/Journal Number Publication Date First Filled Country
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Also Published as
Not Applicable for this Patent
Name of Inventor/s* Shankar Kamanna Kengar Srinivasan Govindarajan Deepak Suryakant Kulkarni Sadagopan Krishnan Name of Applicant/ Assignee*
Address of Inventor* Bombay House, 24 Homi Mody Street, Maharashtra, India. Bombay House, 24 Homi Mody Street, Maharashtra, India. Bombay House, 24 Homi Mody Street, Maharashtra, India. Bombay House, 24 Homi Mody Street, Maharashtra, India.
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Mumbai
India
Mumbai
India
Mumbai
India
City of Applicant
Country of Applicant
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Mumbai
India
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Organization - Company
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Module 3: Patent Search and Analysis Report no output signal is given. However, when the engine speed is equal or more than the set point, another electronic switch is activated such that the ignition system generates misfire in one cylinder to reduce the power generated by the engine momentarily by tending to reduce the engine speed. This control unit is preprogrammed, that the engine speed still is more than the maximum pre-set value, yet another cylinder is triggered to misfire to impart better control over the engine speed. If the engine speed is still more than the maximum pre-set value, the third cylinder is also triggered to misfire in all the three cylinders for better speed control. This misfire is monitored for a pre-determined time which is settable in the unit and if this time exceeds, the engine over speed control unit deactivates an electronic switch to stop the fuel supply to the engine. This is in addition to the misfire in the cylinders and is aimed at positive reduction in engine speed. Once the speed limit is below the pre-set value electronic switch is actuated to restart fuel supply. Simultaneously the misfire switches is deactuated to stop misfire and the engine restores its normal speed. This device may also be attached to carbureted engines running on bifuels like gasoline and CNG and gasoline and LPG. This patent is about to control over speeding of vehicles with help of new device. The device consists of input and an output units and a programmed speed limit valve. The output is connected to electronic switches which are capable of causing misfire in the cylinders and thereafter deactuating the fuel supply to the engine to reduce the speed. When the speed limit goes below the predetermined limit the fuel supply switch is activated to restart the engine. 5
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Summary of Invention*
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Number of claims*
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Module 3: Patent Search and Analysis Report Granted This invention is closely related to the Subject matter of my IDP/UDP. This invention is not much related to the Subject matter of my IDP/UDP. This invention is not related to the Subject matter of my IDP/UDP. We can integrate engine with Electric Controlling Unit (ECU) which controls the opening and closing of valves. We can also attach eddy current generating circuit on crank shaft, which activates once it crosses speed limit.
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Patent Status*
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Do you have any idea to do anything around the said invention to improve it? (Give short note in not more than 500 words) *
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Name of student* Enrollment number of student* Team Id * Branch of study* Semester of study* Institute name* Title of your IDP/UDP* Contact number of student* E-mail id of student* Name of your group members working for this IDP/UDP (Provide 4 boxes to enter the name of students)* Name of your Guide/Faculty mentor* Contact number of your Guide/Faculty mentor* E-mail id of your Guide/Faculty mentor*
All these details will be directly fetched from the data filled by students in the 1st phase of online tracking system.
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PATENT SEARCH SUMMARY REPORT Sr. No. 1. 2. 3. 4. 5. Limitations of prior art Objectives of Patented Invention
Patent number
Title of Patent
Looking at above summary, your IDP/UDP/Dissertation is novel up to what extent? Novelty grade: 90%, 50 to 90%, < 50%, Not novel
Looking at the objectives of above 10 Patents, can you think about any new solutions for next level of improvement/development of technology? (Write at max. in 500 words)*
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Module 3: Patent Search and Analysis Report 9. IMPORTANT WEB LINKS FOR PATENT RELATED MATERIAL
MODULE 2: PATENT SEARCH METHODOLOGY [A] Material http://www.gtu.ac.in/circulars/13Aug/Module%202Patent%20Search%20Methodology__3rdAug2013.pdf [B] Video lecture Part 1 of 5: http://www.youtube.com/watch?v=NymTmy3l9r4&feature=youtu.be&a Part 2 of 5: http://www.youtube.com/watch?v=IbD3VBQe_o8&feature=youtu.be&a Part 3 of 5: http://www.youtube.com/watch?v=UeTxQbF1_4c&feature=youtu.be&a Part 4 of 5: http://www.youtube.com/watch?v=G0gVl3IGFFM&feature=youtu.be&a Part 5 of 5: http://www.youtube.com/watch?v=6Dpujnn8574&feature=youtu.be
PATENT DATABASES TO BE USED FOR SEARCH: Indian Patent Office Database: http://ipindiaservices.gov.in/patentsearch/search/index.aspx European Patent Office Database (Espacenet): http://worldwide.espacenet.com/advancedSearch OTHER DATABASES: WIPO Patent Database (PATENTSCOPE): http://patentscope.wipo.int/search/en/search.jsf US patent database (USPTO) Full text Databases : http://patft.uspto.gov/ Google Patents : http://www.google.com/?tbm=pts Free Patents Online: http://www.freepatentsonline.com/ Directory of Country Wise Intellectual Property Offices: http://www.wipo.int/directory/en/urls.jsp
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