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“A patent search without non-patent literature would be like considering only half of the available prior art.”
Non-patent literature (NPL) plays a crucial role in intellectual property (IP) law. They provide a broader and more comprehensive understanding of prior art, technological advancements, and industry trends during patent searches.
Unlike patents, which focus on specific inventions, NPL encompasses a wide range of published materials such as scientific papers, conference proceedings, and technical reports that can reveal early-stage research and development efforts. This information is vital for assessing the novelty and inventiveness of a patent application, as it helps identify potential prior art that may not be covered in patent databases.
IP experts can incorporate NPL into patent research, inventors and patent professionals can enhance their decision-making processes, mitigate risks associated with patentability, and stay informed about competitive landscapes and emerging technologies.
Non-patent literature (NPL) refers to any published material on a particular field of study or technology not covered by patent protection. NPL documents like scientific papers, technical reports, theses, etc, contain valuable information that counts as valid prior art for invalidity or novelty searches.
Different Types of Non Patent Literature
Non patent literature can be broadly classified into two categories: Journal References and Non-Journal References.
| Types of Non Patent Literature (NLP) | Sources | |
| Journal References | Scientific literature Technical journalsResearch papersResearch articles Industry/company related documents Company journalsTechnical disclosure journalsBulletinsTechnical reports Conference proceedings Proceedings from workshops and conferences | • IEEE • Springer • Research Gate • Wiley Online Library |
| Non-Journal References | Business literature Company websitesBusiness literature Product manuals Product specificationsProduct manuals Regulatory, legal, and compliance documents | • Google Scholar • Google Patents • lens.org |
Non-patent literature (NPL) significantly impacts various patent searches by providing a broader context and deeper insights into technological advancements and prior art. A patent expert can incorporate NPL into patent searches to enhance the quality and thoroughness of the research process, ultimately leading to more informed patent strategies.
Let’s delve deep and explore the role of non-patent literature on different patent searches.
Novelty Searches
Non-patent literature (NPL) often writes about innovations and research that may not be yet patented. During a novelty search, a patent expert can use this information to evaluate whether an innovation is novel or a similar prior art exists. Thereby reducing the risk of pursuing non-patentable ideas.
Invalidity Searches
During an invalidation search, a patent expert requires evidence to prove the lack of novelty or obviousness to challenge the validity of existing patents. They can identify relevant publications, studies, technical reports, and other relevant non patent literature to challenge the validity of existing patents.
Freedom to Operate (FTO) Analyses
NPL plays a vital role in FTO analyses by providing insights into potential infringement risks associated with existing patents. By reviewing scientific literature, technical documents, industry publications, and other relevant non patent literature, businesses can better understand the competitive landscape and ensure their products do not infringe on third-party rights.
Competitive Intelligence
During competitive intelligence activities, the non-patent literature (NPL) plays a crucial role in analysing trends, identifying potential partners, and gauging the research landscape in their domain. By examining NPL, companies can uncover insights about competitors’ research directions and technological advancements that may inform their strategic planning.
Technology Landscape Assessments
When conducting technology landscape assessments, NPL enhances the understanding of the broader context surrounding a specific technology area. By integrating NPL with patent data, researchers can identify gaps in the market, emerging trends, and opportunities for innovation.
Non patent literature documents like scientific papers, technical reports, etc contains a wealth of knowledge that can be crucial in various patent searches. These documents counts as a valid prior art for invalidity or novelty searches. However, the growing non patent literature (NPL) database makes it challenging to find out the relevant information.
This is where, Wissen Research subject matter experts can assist you. We have the right expertise and in-house tools to find out valid prior art for invalidity or novelty searches and build up a strong case.
So why wait?
Get in touch with our subject matter experts and discuss you patent search requirements today!