Introduction

When conducting a patent search, it is important to consider not only the technology of the invention, but also the physical embodiment of the invention. This is because the physical embodiment of an invention can be a valuable source of prior art.

Why perform physical inspection?

There are several reasons why it is important to perform physical inspection when conducting a patent search:

• To find more relevant prior art. By performing physical inspection, you can find products that you would not have found otherwise. This is because products are often not described in patents, and they can be a valuable source of prior art.
• To understand the state of the art. By performing physical inspection, you can gain a better understanding of the state of the art in a particular field. This can help you to identify potential improvements to your invention and to protect your patent rights.
• To identify potential competitors. By performing physical inspection, you can identify companies that are working on similar technologies. This information can help you to stay ahead of the competition and to protect your market share.

How to perform physical inspection

There are a few different ways to perform physical inspection:

• Tear down the product. This is the most common way to perform physical inspection. By tearing down the product, you can see the inner workings of the product and identify the features that are relevant to your invention.
• Test the product.  In some cases, it may be necessary to test the product in order to identify the features that are relevant to your invention. For example, if you are interested in the performance of a particular feature, you may need to run tests to measure the performance of the feature.
• Consult with an expert. In some cases, it may be helpful to consult with an expert who can help you to identify the features that are relevant to your invention. For example, if you are not familiar with the technology of the product, you may need to consult with an engineer or scientist who can help you to understand the product.

Conclusion

Performing physical inspection can be a valuable tool for identifying relevant prior art, understanding the state of the art, and identifying potential competitors. By following the tips in this chapter, you can increase your chances of finding prior art by physical inspection.

Here are some additional tips for performing physical inspection:

• Be thorough. When you are performing physical inspection, it is important to be thorough. Don’t just look at the obvious features. Look for all of the features that are relevant to your invention. For example, if you are looking for a crack in a piece of metal, you can use a microscope to inspect the metal.
• Use the right tools. The right tools can make physical inspection easier and more accurate. For example, if you are looking for a small component, you will need a magnifying glass or a flashlight.
• Be familiar with the product. The more familiar you are with the product, the easier it will be to identify the features that you are looking for.
• Take notes. It is a good idea to take notes during physical inspection. This will help you remember what you have found and it will also help you to communicate your findings to others.

KEY POINT

Not all patent infringement analyses are created equal. Some analysis could be done using a detailed web search where one explores product manuals and other relevant literature. While in some, one might need to take the reverse engineering route to confirm patent infringement.

Further, Reverse Engineering doesn’t just involve testing the outer screens of smartphones. Some require teardown of the circuits to determine the flow of current, measurement, composition, etc. The whole idea is – if there is a product using your technology, you should try to find out the evidence,
and start a new revenue stream from your business.

Contd……

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