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Patent-White Space Analysis

“White Space” is the idea where little or no patenting activity exists. This in turn helps to identify the areas of a technology, which are at the niche stages of development (white spaces). This enables client to take decisions regarding investments in R & D and further inventions.

The process may be followed as mentioned below:

1) Understanding of the technology to be analyzed;
2) Conducting Keyword & Class (IPC, US, ECLA) based search to patent extracts/patent applications pertaining to the technology;
3) Building taxonomy to classify the relevant patents/patent applications;
4) Identifying the top Assignees & Inventors of the relevant patents/patent applications;
5) Conducting Assignee, Inventor and Citation based search;
6) Filtering the relevant patents/patent applications on basis of full text analysis;
7) Taxonomy classification of the relevant patents/patent applications;
8) White space identification on the basis of least protected technology domain/sub-domain;
9) Once a white-space is detected, a targeted search across patent databases should be carried out followed by undertaking a critical manual review of the patents around it, to confirm the existence of a white-space.
Advantages of conducting white space analysis are as follows:

  • Refines research direction by finding new areas for innovation and exclusivity;
  • Enhances product-patent portfolio and it also broadens the scope of existing patents by locating spaces around your patent positions which should perhaps be included in your claim coverage;
  •  To take a decision for the future R & D;
  • Helps in the competitive IP analysis and to keep watching the applicants working in the same field.

Derwent’s Manual and Fragment Code systems may be used to define a “universe” for white space analysis. The Manual Code system is better for finding use white space, while the Fragment Code system is better for structure white space.

This search is focused on identifying lightly patented areas and potentially patentable areas within a technology domain, and typically used to guide competitive, defensive, licensing, collaborative, and most importantly the R&D activities. The analyses involve understanding the distribution of patents and patent applications in various jurisdictions across a range of sub-domains of studied technology.