Using Inventions in the Public Domain- WTO guide

Developing New Products- there are millions of patents free to use in India. That is knowledge on tap.

Information and knowledge in published patents and patent applications plus other public domain knowledge can be utilized to help conceive, refine and/or formalize a concept for a product, protect the idea for a product and map its path to commercial viability.
This guide is organized in three distinct modules that review and explore the applicability of information from inventions in the public domain. The modules are as follows:
MODULE I Review of the public domain as a function of geography and time, with a focus on: (1) the public domain in developing and least developed countries and (2) the relationship between patents and the public domain.
MODULE II Exploration of public domain knowledge in patents, the relationship between patents and other intellectual property rights, and using the insights gained to find opportunities to leverage existing inventions and public domain knowledge for facilitating business success.
MODULE III Using and integrating public domain knowledge in product development processes from an idea’s conception to its analysis, design, testing, market launch and post-launch analysis for continuous improvement.
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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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