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Ways to identify prior art reference against a patent that claims a formula as inventive part

admin 1st, October, 2018
Ways to identify prior art reference against a patent that claims a formula as inventive part

  • Analyzing the formula to make a general mathematical relationship and simplify the equation by analyzing the variables in a formula so that the formula can be expressed in a simpler form
  • Understanding a relation between the variables given in the formula or equation in the subject patent. For example: If we consider gravitation force law which is stated as:
  • Now in this formula gravitational force (g) is directly proportional to mass, therefore the search can be conducted based on the relation of gravitational force with mass using keywords like proportionality, ratio and equality etc.
  • As equations are not written directly in the prior arts, but the text implies the relation between the variables. So, during a search the words like ‘equal to’, ‘equals’, ‘proportional’, ‘proportionately’ and others relate to the expression logic can be of help while interpreting the required concept
  • In a reference, variables can be rearranged that may yield the same equation. This is because sometimes the expression mentioned in the search reference is illustrated from a particular point which if rearranged can gives the same expression as required
  • If the formula or equation claimed in the subject patent is based on some standard equations and includes one or more novel factor along with the standard equations to establish a formula having inventive part. Then we can also use the standard equations to derive the formula up to some extent. Further, the search can be focused on relation of the remaining factors in the formula or equation