Patentscope – All you need to know about using a WIPO Patent Search

Patentscope - All you need to know about using a WIPO Patent Search - Intellect Vidhya Solutions

An innovation or invention is granted an exclusive right known as a patent. All relevant information about the invention must be included in the patent application. Theoretically, the patent holder has the sole right to prohibit or exclude others from using the idea for financial gain. This is the reason that before applying for a patent it is advisable to conduct a patent search for checking whether the same idea is patented in any other country. The World Intellectual Property rights Organisation (WIPO) was established by UNO comprising 193 nations. WIPO’s goal is to create an equitable and open international intellectual property (IP) system that promotes innovation, rewards creativity, and aid in economic growth. WIPO provides a patent search platform known as “Patentscope”, which facilitates searching different patents.

Steps of Conducting Patent Search In PatentScope

Let us understand the steps in the form of the following example.

Suppose an individual has developed a method for printing solar cells onto aluminum foil at a low temperature using a nanoparticle ink.

Step 1 Identifying central concepts related to the innovation

From the description, central concepts can be: “solar cell” (product), “aluminum foil”, “nanoparticle ink” (used for production).

Step 2 Determining keywords for the search

Finding synonyms and related keywords and phrases will be next step for the concepts identified in the first step. With current scenario following synonym or alternate terminologies can be used i.e. solar cell photovoltaic cell (synonym) nanoparticle suspension (related term) aluminum foil aluminium foil (alternative spelling), metal foil (related term) nanoparticle ink nanoparticle solution (related term),

Step 3 Determine IPC symbols for the search

The pertinent IPC symbols can be identified using some of the words and synonyms found in the previous steps by using the IPC Official Publication (see: www.wipo.int/ipcpub). With respect to current example, searching for the term “solar cell” using the predefined settings yields the IPC group H01L 31/00 as a relevant IPC symbol.

Step 4 Performing first search

It is advisable to keep the first search relatively broad, using (i) the “OR” Boolean operator along with keywords and IPC symbols; and (ii) a wildcard operator to include plural forms of words and phrases. The “International Class” (“IC”) can be used in PATENTSCOPE for restricting the search for IPC symbols. The first search focuses on finding a broad range of patent applications related to the product in question i.e. IC/H01L31/00 OR “solar cell” OR “photovoltaic cell”. This search yields more than 250000 results. Examining the results reveal that they include applications covering not only methods for producing solar cells but also for arranging and using solar cells.

Step 5 Use of Boolean Operators

Considering the results from the primary search, the search should be conducted using more specific search terms along with the “AND” Boolean operator. In order to capture results containing wordings such as “nanoparticle solution” as well as “solution containing nanoparticles,” “NEAR” operator can also be used in order to define the distance between 2 words. For example: (IC/H01L31/00 OR “solar cell” OR “photovoltaic cell”) AND ((aluminum NEAR foil) OR (aluminium NEAR foil) OR (metal NEAR foil)) AND ((nanoparticle NEAR suspension) OR (nanoparticle* NEAR solution) OR (nanoparticle* NEAR ink))

Different Factor’s For Conducting Patent Search In Patentscope

Following are the different factors which can be used to find relevant patents:

• Keywords
• Patent classification
• Dates (e.g., priority date, application date, publication date, grant date)
• Patent reference/identification numbers (patent number, publication number, application number)
• Names of applicants/assignees or inventors

Features of Patentscope

Patenscope provides access to millions of patents/patent applications, including, Regional and national patent databases out of several signatory nations and International Patent Applications submitted under the PCT. Following are the methods to conduct patent search in Patentscope:

1. Simple search

The standard WIPO patent search interface is “Simple Search interface”. Individuals/inventors having minimal training or new to patent searches can use it. Following are few possible applications of the Simple Search Interface:

  1. A subject covered using definitive terms, or a relatively precise notion to restrict the number of results
  2. A particular figure: a mention of a patent document in the news, during a court case, etc.
  3. A person, an innovator, a candidate, etc.
  4. A business, whether out of personal interest, to merge with or acquire another business or monitor a rival’s efforts.
  5. A particular period

Following are the 8 preconfigured search areas accessible in the simple search interface, each with different search criteria:

  1. Front Page: Only the document’s front page will be searched using the search keywords entered on this page.
  2. Any field: Using the search criteria provided in this form, any field in the document is searched.
  3. Full text: Enter your search term here if you’re interested in a full-text search.
  4. English text: Records with English text will be looked for using the criteria listed below.
  5. ID/Number: You can include your publication or filing number here.
  6. International Patent Code: In this field, enter any IPC.
  7. Names: List the applicant’s, creator’s, company’s, etc., names.
  8. Dates: Enter any dates you choose
  9. Advanced search – Individuals with appropriate experience and expertise in patent searches can use advanced search interface. Using an infinite number of words, this interface may be used to generate sophisticated search queries.

The interface provides a plurality of field codes and operators, such as Boolean operators, proximity operators, and range operators, which can be used to combine search keywords. An individual/inventor can alter the output of these operators to get specific outcomes. Further, it also enables individual/inventor to search for variations in phrases based on a similar stem or root by using wildcard operators. Patentscope recommends synonyms, which is the new function in the advanced search, “Expand the query,” assists users in broadening the search.

2. Filed Combination Interface

The field combination interface is important search interface for finding and analysing information about patents in the WIPO Patent search database. Individuals/inventors can organize the search precisely by using specific search terms/parameters in each of the search boxes on this interface. The interface provides a list of pre-set search fields that may be combined based on the users’ requirements. The following example steps illustrate how the Field Combination interface is used:

  1. Selecting the field/fields of interest using the drop-down menu’s arrow;
  2. Using the OR/AND boxes to add or include fields;
  3. The individual/inventors can add or remove fields by clicking on them;
  4. Selecting the language the individual/inventors want to search in 11 language options available;
  5. Selecting the collection of interest using the Add button.

3. Chemical Structure Search

The chemical structure search makes it feasible for individuals looking for chemical compounds to recognize molecules that comprise the desired fragment. Only whole structures could be searched till recent years. A new feature i.e. substructure search has been included, which enables individuals/inventors to enter a sketched sub-structure and search for all entries in the Patentscope. This search helps in creation of breakthrough technology and medications.

Following are the 3 options available in the Chemical structure search:

  1. Convert Structure: With this function, individuals/inventors can select the type of search input they want to utilize, for example- a brand name or a chemical constituent.
  2. Structure editor: This feature allows the individuals/inventors to alter a particular search.
  3. Submitting a Structure: This feature allows individuals/inventors to submit relevant documents which provide chemical descriptions.

Cross-Lingual Expansion Search

Cross-Lingual Information Retrieval (CLIR) tool enables individuals/inventors to broaden their search. Before translating content into 13 different languages, the search tool analyses synonyms for the user’s search terms. An individual/inventor must enter search terms in one of those languages into the search box to access the system’s translation and recommendation functions. This enables the individuals/inventors to get the patents published in each of the 13 languages.

Conclusion

WIPO patent search tool i.e. Patentscope provides that patent information which is accessible to the public to analyse novelty of the invention. The search conducted in Patentscope is utilized to analyse all forms of prior arts in existence and other available materials. The individuals or organizations benefit from this patent searches because they can estimate the worth of possible investments in patents. Hence the Patenscope platform provided by WIPO facilitate individuals through simple search engine and easy steps to ensure whether their ideas are novel. The regular updates in the Patenscope database makes the patent search process more convenient and feasible internationally.

Share:

Share on facebook
Facebook
Share on twitter
Twitter
Share on linkedin
LinkedIn
Share on whatsapp
WhatsApp
Share on facebook
Share on twitter
Share on linkedin
Share on whatsapp

Categories

Search

    Categories

    Recent Posts

    • All Post
    • Copyright
    • Design Patents
    • Patent Filing
    • Patent Search
    • Trademark

    Related Posts

    Micro Copyright in India: Protecting Small-Scale Creative Works

    In the digital age, the creation and sharing of content have reached unprecedented heights. With the proliferation of user-generated content, short-form media, and the increasing significance of individual contributions to larger works, the concept of “micro copyright” has emerged. Micro copyright refers to the protection of smaller, often more granular, creative expressions. In the context of Indian copyright law, this concept presents unique challenges and opportunities. This article explores the intricacies of micro copyright and the conundrums surrounding its protection in India. Understanding Micro Copyright Micro copyright encompasses the rights associated with smaller creative works such as social media posts, memes, short videos, gifs, and even individual elements within larger works, like specific phrases or designs. These forms of content, while often brief and seemingly inconsequential, can hold significant value and can be the subject of copyright protection. The Legal Framework of Copyright in India The Indian Copyright Act, 1957, primarily governs copyright protection in India. The Act provides protection to original literary, dramatic, musical, and artistic works, cinematograph films, and sound recordings. For a work to be protected, it must be original and expressed in a tangible form. Challenges in Protecting Micro Copyright 1. Originality and Fixation One of the fundamental requirements for copyright protection is that the work must be original and fixed in a tangible medium. This can be challenging for micro content, where the line between original creation and common expression is often blurred. Determining the originality of a tweet, meme, or short video clip can be subjective and contentious. 2. De Minimis Doctrine The de minimis doctrine, which means “about minimal things,” can pose a significant challenge for micro copyright. This doctrine suggests that the law does not concern itself with trivial matters. Small snippets of content might be considered too insignificant to warrant protection, leaving creators without legal recourse for unauthorized use. 3. Fair Use The concept of fair use allows for limited use of copyrighted material without requiring permission from the rights holders. In the context of micro copyright, determining what constitutes fair use can be particularly tricky. For instance, sharing a meme or a short clip might be considered fair use, but if it goes viral and gains commercial value, the original creator might seek protection and compensation. 4. Enforcement and Attribution Even if micro content is eligible for copyright protection, enforcing these rights can be challenging. Monitoring the vast expanse of the internet for unauthorized use of small-scale content is a daunting task. Additionally, the ease with which digital content can be shared and altered complicates the process of ensuring proper attribution and compensation. The Way Forward 1. Clearer Guidelines and Definitions To address the challenges of micro copyright, clearer guidelines and definitions are needed within the Indian Copyright Act. Defining what constitutes a protectable micro work and setting standards for originality can provide better clarity for creators and users alike. 2. Digital Rights Management (DRM) and Technology Leveraging technology, such as digital rights management (DRM) systems and content recognition algorithms, can help creators monitor and enforce their copyright more effectively. These technologies can automate the process of identifying unauthorized uses and facilitate easier enforcement. 3. Education and Awareness Increasing awareness among creators about their rights and the mechanisms available for protecting their content is crucial. Educational campaigns and resources can empower creators to navigate the complexities of copyright law and safeguard their micro creations. 4. Legal Reform and International Cooperation Given the global nature of digital content, international cooperation and harmonization of copyright laws can play a significant role in addressing the challenges of micro copyright. Legal reforms that consider the unique nature of digital content and micro works can provide a more robust framework for protection. Conclusion The rise of micro copyright in the digital era presents a unique conundrum under Indian copyright law. While the current legal framework provides a foundation for protecting creative works, the nuances of micro content require more specific attention and adaptation. By addressing the challenges of originality, fair use, enforcement, and attribution, and by leveraging technology and education, India can better protect the rights of creators in the evolving landscape of digital content.

    Read More »
    July 20, 2024 No Comments
    Importance of Trademarking your Restaurant Name - Intellect Vidhya

    Importance of Trademarking your Restaurant Name

    Have you ever walked into a restaurant, drawn by its catchy name or eye-catching logo, only to discover that it’s not the establishment you thought it was? In the bustling food and hospitality industry of India, this scenario is becoming increasingly common. As more and more eateries pop up, it’s crucial for restaurant owners to protect their brand’s identity through trademark registration. A trademark is like a unique fingerprint that sets your goods or services apart from the competition. It’s a legal stamp that says, “This is ours, and no one else can use it.” And in the world of restaurants, where first impressions can make or break your business, a strong trademark can be a game-changer. Why Trademarks Matter for Restaurateurs? Success Stories of Trademarked Restaurant Brands The Consequences of Neglecting Trademark Protection In the vibrant culinary landscape of India, trademarking your restaurant brand is more than just a formality – it’s a strategic move that can safeguard your business identity, maintain brand recognition, and provide legal recourse against infringement. By understanding the importance of trademarks and understanding the appropriate registration process under Indian trademark law, you can protect your valuable intellectual property and pave the way for a future as bright as a perfectly cooked dish, fresh out of the kitchen.

    Read More »
    July 13, 2024 No Comments
    The Significance Of Prior Use In The Trademark Law Vans V Ivans - Intellect Vidhya

    The Significance of Prior Use in the Trademark Law: Vans v. Ivans

    In the complex realm of intellectual property rights, few principles hold as much significance as the concept of “prior use” in Indian trademark law. The recent ruling by the Delhi High Court in the Vans v. Ivans case has brought attention to the fundamental concept of giving precedence to the first user of a trademark in the market. The Vans v. Ivans Case: The case centred on a disagreement between Vans Inc., a well-known American footwear and apparel company, and FCB Garment Tex, an Indian company that used the “IVANS” trademark. Vans Inc. filed a request to invalidate FCB Garment Tex’s trademark registration in India, claiming that their “VANS” mark had recently gained recognition as a well-known trademark in the country. Nevertheless, the Delhi High Court ruled in favour of FCB Garment Tex, citing the prior use principle. Important Factors in the Court’s Decision The court’s ruling was influenced by several crucial elements. Firstly, it emphasised that FCB Garment Tex had been using the “IVANS” mark in India for years before Vans Inc. entered the market, applying the “first in the market” principle. Furthermore, the court made it clear that simply declaring a trademark as well-known does not automatically give the owner the authority to cancel other marks that were used earlier in India. Finally, the court determined that FCB Garment’s utilisation of the marks was both sincere and simultaneous, granting them protection under Section 12 of the Trade Marks Act. Supporting the Principle of Prior Use This landmark ruling is a strong affirmation of the prior use principle in Indian trademark law. This principle emphasises that the initial user of a trademark in the market holds greater rights compared to later users, regardless of their registration status. This concept is deeply embedded in the Indian Trade Marks Act, 1999, and aims to safeguard businesses that have dedicated significant time and resources to establish their brand identity in the market. The Reasoning Behind Prior Use There are several reasons behind the prior use principle. It strives to recognise and safeguard businesses that have proactively built their brands in the marketplace. By prioritising the initial user, the law recognises the dedication and resources required to establish a strong brand presence and cultivate customer loyalty. This principle also helps to prevent unfair competition by ensuring that well-known brands are not replaced by new ones with similar marks, thus maintaining consumer trust and market stability. Territorial Nature of Trademark Rights In addition, the principle of prior use acknowledges the territorial nature of trademark rights. The Vans v. Ivans case clearly illustrates that having a worldwide reputation is not enough to establish legal rights in a particular jurisdiction. The principle highlights the significance of establishing a tangible market presence and utilising a trademark within India, rather than solely relying on international recognition or registration in other nations. Engaging with well-known Trademarks The prior use principle also has implications for other aspects of trademark law, including the recognition of well-known trademarks. The ruling by the Delhi High Court provides clarity on the advantages of having a well-known trademark status, while also acknowledging the rights of prior users in the market. This delicate equilibrium ensures the safeguarding of well-known local brands while acknowledging the prestige and recognition of globally renowned trademarks. Practical Considerations for Trademark Owners In practice, trademark owners are faced with a significant burden of maintaining proper documentation of their trademark use due to the prior use principle. This encompasses sales records, advertisements, and proof of customer recognition. Consistent and authentic use of the mark is essential, as any substantial gaps in usage can undermine a prior use claim. Conclusion Ultimately, the verdict of the Delhi High Court in the Vans v. Ivans case serves as a strong affirmation of the prior use principle within Indian trademark law. It emphasises the significance of having a strong market presence and building a reputable brand in order to establish and safeguard trademark rights in India. As the country continues to attract global brands while nurturing its own business ecosystem, this principle will undoubtedly have a significant impact on the development of trademark strategies and dispute resolutions.

    Read More »
    July 12, 2024 No Comments
    The Ethical and Legal Dilemma of AI Voice Cloning in the Music Industry - Intellect Vidhya

    The Ethical and Legal Dilemma of AI Voice Cloning in the Music Industry

    In recent years, artificial intelligence (AI) has made remarkable progress in various fields, including music production. Voice cloning in music has been a subject of intense debate, raising questions about copyright infringement, moral rights, and the preservation of artistic integrity. The recent criticism voiced by legendary Indian playback singer Kumar Sanu against AI voice duplication brings attention to the mounting concerns within the music industry. Power and Potential of AI Voice Cloning AI voice cloning technology has made significant progress in recreating the voices of singers with outstanding precision. This ability has resulted in the development of new songs that utilise the voices of artists who have passed away, as demonstrated in the recent example of “Pehle Hi Main.” This song was created using an AI-generated voice that mimics the late Mohammed Rafi, who sadly passed away in 1980. Although this technology presents fascinating opportunities for music production and preservation, it also brings up important ethical and legal concerns. Dealing with Copyright Infringement Copyright infringement is a significant legal concern when it comes to AI voice cloning. A singer’s voice is regarded as their valuable asset, safeguarded by copyright laws in numerous jurisdictions. When AI is employed to imitate a singer’s voice without authorization, it may potentially infringe upon copyright protections. This encompasses violations of reproduction rights, distribution rights, and the unauthorised creation of derivative works. Moral Rights and Personality Rights In addition to copyright concerns, AI voice cloning also brings up ethical and legal questions surrounding moral rights and personality rights. It is important for singers to safeguard their work from any alterations or manipulations that may negatively impact their reputation. Additionally, there is a potential for confusion and misrepresentation when AI-generated voices are not explicitly identified. Furthermore, in numerous legal systems, people possess the authority to regulate the commercial exploitation of their identity, appearance, or voice. Voice cloning might be perceived as a violation of these rights. Cloning the Voices of Deceased Artists Using AI to replicate the voices of deceased artists, such as Mohammed Rafi, brings about a whole new set of challenges. Although copyright protection usually lasts for many years after an artist’s passing, the ethical considerations surrounding the use of a deceased artist’s voice without their permission are quite substantial. There are concerns regarding the preservation of the legacy and artistic intentions of deceased musicians. Industry Response Kumar Sanu’s decision to pursue legal protection against AI voice cloning demonstrates a rising recognition of these concerns within the music industry. Other artists and industry professionals are also advocating for the establishment of regulatory frameworks to oversee the utilisation of AI in music production. There are several potential solutions being discussed to address the challenges posed by AI in music. These include establishing licencing protocols for the use of AI-cloned voices, requiring clear disclosure when AI voice cloning is used in a production, and developing specific laws to tackle these unique challenges. The Path Forward As AI technology advances, it is essential for the legal system to stay up to date. Collaboration between the music industry, legislators, and AI developers is crucial in establishing a framework that balances the protection of artists’ rights with the promotion of innovation. This could potentially include the need to revise copyright laws to specifically tackle AI-generated content, setting industry norms for the ethical application of AI in music production, and devising methods for artists to maintain control over and profit from the utilisation of their AI-replicated voices. Conclusion The emergence of AI voice cloning technology brings forth a range of possibilities and complexities for the music industry. Although it presents exciting opportunities for creativity, it also raises serious concerns regarding artists’ rights and the authenticity of their work. As evidenced by Kumar Sanu’s case, it is clear that there is a pressing requirement for the establishment of legal and ethical frameworks to regulate the utilisation of this technology. As we move forward with the more enhanced versions of AI, it’s crucial to find a harmony between technological advancement and safeguarding artists’ rights. It is crucial to establish thoughtful regulation and foster industry cooperation to ensure that AI positively impacts the creative ecosystem of the music industry.

    Read More »
    July 8, 2024 No Comments