Identifying Inventions in the Public Domain- WIPO Guide

A public domain invention is a publicly disclosed invention not covered by any enforceable patent rights in a specific country, at a defined time, such that anyone may freely use that invention in that country at that time, without liability for patent infringement. Using this conceptual framework, the guide teaches you a three-stage process for searching and analyzing published patent documents using the tools of freedom to operate (FTO) determination.

DESCRIBE (Module II)  – Gather information from the client about the invention: · What is the invention and what does the client plan to do with it? · Where does the client plan to use the invention?  When does the client plan to use the invention? – Describe the invention and its planned use. 

SEARCH (Module III)  – Break down the invention into parts and identify features to search. – Choose search parameters and resources: keywords; patent classification symbols; databases; countries; year(s); language(s). – Search for patent documents with claims that might cover the invention or one of its essential features, and identify potentially relevant documents to analyze.

 ANALYZE (Module IV) – Analyze each potentially relevant patent document: · Analyze claims to determine the scope of patent rights. Could a claim be interpreted in such a way that it might be found to cover the invention or one of its essential features? Yes/No/Cannot determine. · Determine the legal status of each analyzed patent. Is it still in force? If so, where is it enforceable and for how long? If not, is it expired, abandoned, invalidated, disclaimed or revoked? Is the legal status ambiguous or unsettled?

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