An Overview of Patent Monitoring

Patent Monitoring, also known as Patent Watch, is a search for Patent designed to give a clear picture of progress in a particular technical field. A Patent Monitoring is a tailor-made search based on technology and/or company names that will be conducted periodically depending on the requirements of the client. It is basically a Patent & technology analysis that produces an extensive, comprehensive view of everything that has been published during a prescribed period.

Swarit Advisors’ Patent Monitoring service effectively monitors the new Patent data & prosecution activities. Swarit Advisors’ services make sure that you will always be updated with wide-ranging, up-to-date information, which will aid you to make informed IP business decisions.

Types of Patent Monitoring/Watch Service

As per the client’s requirement, they can customise the criteria of Patent Monitoring or applications. Following are basic types of Patent Monitoring services:

1. Competitor Patent Monitoring/Watch: This is done to get updates about the rejection, granting, publishing, or expiration of the Patent application of the competitors in a similar field.
2. Design Patent Monitoring/Watch: This service helps to monitor or observe newly accepted or published Design Patents. It also tracks down the abandoned, rejected or expired Patent applications.
3. Patent Legal Status Watch: This Patent Monitoring service is provided to get the Patent application status during Patent Prosecution and Patent after grant. Further, it helps to address the customer for any alterations required in the Patent.
4. Infringement Watch or Monitoring: This service monitors new EOU (Evidence of Use) in various formats, i.e., services, goods, processes & others.
5. Technical Patent Monitoring/Watch: This covers the search for recently published or accepted Patents in the related technical field.

Why is it Necessary to Conduct Patent Monitoring?

Conducting a Patent Monitoring is totally depends on the project or product development & life cycle in a specific technical field. This State of the Art search is the first step prior to complementing entry into a technological area or starting an R&D project. The outcomes of the State of the Art search will often lead to a decision on monitoring/watching parts or all the technology in order to avoid surprises on later stages of the product, project life cycle.

The outcomes of Patent Monitoring will provide the client with an opportunity to be up-to-date on progress, alterations, and possible new infringement risks in the market and prepare in advance for vital Office Actions on critical competitors or opponents Patents found in the search.  The State of the Art & Patent Monitoring is not to be confused by or replace a focused FTO (Freedom to Speech) search and opinion that should be conducted at later phases prior to production & product launch. In most instances, a Patent Monitoring search might save a client’s money & time and prevent surprises at later stages.

Benefits of Patent Monitoring Alert Reports

Following are some benefits of Patent Monitoring Alert Reports:

• Forecast of Market Strategy: A basic view of conducting Patent Monitoring is to understand the market strategy of competitors. For example, what is their service or function through which they are leading in any particular technical field. This will help you in examining your own structure and strategy. Hence, it can be improved & built up to that level to get the equivalent success. Knowing your competitor’s move can prove to be helpful to you in many ways. You can learn from your competitors about their positives, and compare your work with their work and improve your part where you are lagging behind to grow your name.
• Recognition of weak points in foremost corporate: Knowing your competitor's weak points will benefit you in all your future visions. Since holding knowledge regarding their wrong turns, will open up the potential area for your development & growth in which you can outshine while making them your strong characteristics. As an advantage, you can easily forecast their action plans & strategies for future growth. Keeping them as a perfect chance, you can create your name at their lagging grounds.
• Identification of Infringing Technology: The service of Patent Monitoring will aid you to check whether your work is violating others’ work or not. This will help in protecting the additional amount of money you will need to pay once caught in an infringement case. Through this knowledge, you may take your innovation to another aspect, knowing that your 1^st idea might have caused infringement & you have to change it in a manner to safeguard it from any infringement.
• Determination of New Areas of Investment: Knowing that your opponents hold robust ground for certain technologies and it is comparatively difficult to create the same market in your favour. Then, you have to focus on a new technology-based field were making an investment is less prone to turning into a huge loss.
• Identification of growth-feasible Sectors: It is always good to know your opponent's strong areas of growth & development. This will aid you to develop new technology which is yet to be discovered instead of enhancing one common area. Picking a new area will benefit a start-up more than any established business, since it will be easier to get recognised in a new sector & create a name in front of customers, than the earlier ones.

After knowing the benefits of Patent Monitoring, it is recommended to hire an IP advisor to set up a watch that could examine the opponent’s move through all leading online websites, journals, and databases.

When should you conduct the Patent Monitoring or Patent Watch?

Following on from FTO (Freedom to Operate or State of the Art search & during the growth period and/or product life cycle. The Patent Monitoring or Patent Watch can be conducted monthly, quarterly, or periodically as per the client’s requirements. How regular it depends on how active the technology area is. We generally advise you to conduct Patent Monitoring quarterly to avoid huge amounts of documents and prevent missing vital Office Actions dates concerning vital or essential Patent documents.

Monitoring Changes in Legal Status of Opponents or Competitors’ Patent

Applicable or critical applications of the competition were found during a search. These are important for the State of the Art but don’t pose a threat to your company, as they have not yet been granted. These applications have to be monitored or observed concerning their application or grant in a country interesting for your market. This can be done with the legal status and family observing or monitoring. As the company's user-specific Invention Navigator Knowledge Network these documents can be filed inactive folders, and you will be notified through email once an alter in legal status as defined by you occurs.

Frequently Asked Questions