- Patent
- Trademark
- Innovation
- Legal Operations
- Localization
- Contact
- Learn & Support
- Learn and support
- Resource HubAccess value added content to support your IP strategy
- Webinars & EventsAre you interested in attending one of our online or onsite event?
- Product TrainingsCustomer success is our priority. Increase your skills in the use of Questel’s software
- Product NewsA platform dedicated to software and platforms news and evolutions
- eLearning ProgramsCreate engaging and custom corporate training programs
- Resource Hub
- About Questel
- Learn & Support
- Learn and support
- Resource HubAccess value added content to support your IP strategy
- Webinars & EventsAre you interested in attending one of our online or onsite event?
- Product TrainingsCustomer success is our priority. Increase your skills in the use of Questel’s software
- Product NewsA platform dedicated to software and platforms news and evolutions
- eLearning ProgramsCreate engaging and custom corporate training programs
- Resource Hub
- About Questel
Patent Data Analytics, it’s not just for patent searching
Patent searching is increasingly used to learn whether it makes sense to spend money on research in a specific technology, to learn who is entering or already in the space and what countries are seeing the most growth in patent applications. There are many reasons for patent searching and evaluation of patent data. This article examines some of those reasons and, spoiler alert, they are not just for finding prior art.
Historically patent searching was mostly utilised to determine whether an invention could be filed as a patent application. This step was necessary to avoid a costly filing process, to later learn that there were other patents and applications that preceded the invention, thus rendering the invention not patentable. But what if you could see new technologies and/or entrants into your market and, more importantly, whether they are a real threat?
Source: WO2019014521
The “WHERE to look” paradigm
In one case study, a large United States (US) consumer products company was undertaking routine patent data analysis and learned that one of their main competitors, also based in the US, was filing patent applications in a distant Mediterranean region. The issue was that the US company didn’t file patent applications in that region and therefore their competitor could make and use their inventions without recourse. Further analysis determined that their competitor had setup a Research and Development facility in that region. The company immediately started to file patent applications there to prevent further use of their inventions. This highlights the point that patent data can be used for more than just prior art searching, since the company didn’t have trouble getting the patent applications granted, but they were not aware of where their competitors were using them. They changed their filing strategy as a result.
Source: Questel@2022
“WHO are our competitors?” It’s a conundrum
Most companies know inherently who their competitors are, it is their business to know. But what if the known competitor is different from a new entrant in the marketplace, perhaps a company that is competing for a technology space rather than a brand space? One of the best ways to learn that information is from reviewing technologies, often embedded in patents, that are relevant to yours. One of the best ways to do that is by doing a search for patents. But what if you do not have the time and/or expertise to look at the different technologies relevant to your company? Why not rely on the patent examiners’ time and expertise to look at your technologies and indirectly tell you who is in your space? That is what they do. To see what they see, search your patents’ forward citations specifically for where the examiners issued rejections based on your technology. Pay extra close attention to the patent applications that were denied a patent based on your underlying technology. Like a pebble dropped into a pond, the ever-widening concentric circles get broader and broader encapsulating more and more space. The different methods for getting and using patent data result in different ways the data can be used. Think of the examiner rejections as being the first concentric circle closest to your pebble (your portfolio) dropped into the patent pond…
“WHAT about?”
Let’s illustrate what is going on with patent filings in China. The World Intellectual Property Organization (WIPO) pointed out that, in 2019, China became the top filer of patents worldwide. Since 1978, the creation of the Organization, the US was the largest international filer. Using Questel’s Orbit Intelligence patent data analytics tool, it appears that since the beginning of 2019 through to mid-2022 there were almost 12 million priority filings in China.
There is no efficient way to assess that much data without using advanced tools like Orbit Intelligence, especially when evaluating potential prior art. Given the sheer volume of data from China alone, finding relevant prior art is now impossible without analytical tools. There is also a quality issue that cannot be assessed by merely looking at the numbers.
China has a ‘Made In China 2025’ plan that pushes a quantity first approach to patent filings and, by default, not necessarily an innovation first approach. The rewards for filing patent applications in China include getting government subsidies, job promotions, and enhanced reputations for individuals, companies and universities. This complicates the patent data analytics space as it makes for many more results. With so many potential prior art sources, it is difficult to find what is truly relevant. Patent data analytics not only finds potential prior art but also helps the searcher refine the list based on relevancy. Adding additional variables in the search such as citations, which identifies patents with citations, indicates whether the underlying patents are being relied upon in the searched space. This must be done using patent data analytics.
In summary, patent data analytics is having a moment… Don’t let the moment pass you by. It is clear that this moment is emblematic of the data-driven world we live in.
Relying on patent data to generate useful outcomes can guide your business decisions and inform your future. There is an old saying that “without data you’re just another person with an opinion”. It is equally true for patent data. Data drives our world.
Want to find out more? Contact us for advice and support on patent searching and data analytics to help you save time and money.