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Technical Criteria

I. Observability 

How observable is the invention on a product? 

  1. Cannot be observed directly even after reverse engineering. 
  2. Reverse engineering will yield inferential evidence at best. 
  3. Negative answer can be concluded via reverse engineering or black box testing. 
  4. Positive answer can be obtained via reverse engineering. 
  5. Plainly advertised or incorporated into an industry standard. 

II. Ease of Investigation/Investigation Methodology 

How difficult is it to determine if the patented technology is being used? 

  1. Extremely complex or can only be analysed with access to target's proprietary data. 
  2. Complex reverse engineering required. 
  3. Relatively simple reverse engineering, testing, or review of technical literature and/or standards provides inferential evidence. 
  4. Standard reverse engineering or black box testing techniques required. 
  5. Technical literature review will be likely to yield a conclusion. 

III. Novelty/Originality/Technical Advantages (How original is the invention?) 

Examples of technical advantages include: can't build a display without it, lower cost materials, ease of manufacturing, enhances product quality, adds features, etc. 

  1. The invention has a marginal or no effect in relation to existing technology 
  2. The invention has some improvement effect in relation to existing technology 
  3. The invention has improvement of effect in relation to existing technology 
  4. The invention has substantial improvement of effect and is clearly ground breaking 
  5. The invention can change the way in which the industry operates/ works 

IV. Utility 

How useful is the invention to the products and where is this patent going to be used? 

  1. Patent is useful for manufacturing the product. 
  2. Patent provides significant competitive advantages in manufacturing. 
  3. Patent provides useful features for the product. 
  4. Patent provides features that are competitive advantages for the product. 
  5. Patent provides required or highly desirable features that make the product highly desirable in the marketplace. 

V. Technology Maturity 

How mature is the technology covered by the patent? (e.g., most applicable to early adopter, leading-edge products/manufacturing, fast follower, new (current generation) products, low-cost manufacturer, etc.) 

  1. The technology is obsolete. 
  2. The technology is aging. 
  3. The technology is mature. 
  4. The technology is in the growth stage. 
  5. The technology is embryonic. 

VI. Availability of Alternatives 

What is the availability of alternative technologies to accomplish the same result, and/or how difficult would it be to design around the patented technology? 

  1. Alternatives are readily available. 
  2. Alternatives are possible, but moderately difficult to implement. 
  3. Alternatives are possible, but very difficult to implement. 
  4. Alternatives are unknown. 
  5. Alternatives are impossible. 

VII. Possibility of Commercial Use 

What is the likelihood that the technology covered by the patent is used by products in the marketplace today? 

  1. Not Likely. 
  2. Possible. 
  3. Very Specialised. 
  4. Fairly Common. 
  5. Pervasive Use. 

VIII. Validity Confidence 

How likely is the patent to be at risk for anticipation or obviousness? 

  1. Very likely to be at risk for anticipation or obviousness 
  2. Likely to be at risk for anticipation or obviousness 
  3. Possible risk for anticipation or obviousness. 
  4. Low risk for anticipation or obviousness 
  5. Very low risk for anticipation or obviousness 

IX. Presence of required or blocking patents 

What is the possibility that there are required patents or blocking patents? 

  1. Very likely 
  2. Likely 
  3. Possible 
  4. Low 
  5. Very low 

X. Other licenses required to practice the technology 

What is the possibility that there are other patents in the space which would need to be licensed to practice the technology 

  1. Very likely 
  2. Likely 
  3. Possible 
  4. Low 
  5. Very low 

XI. Industry standardization 

Is the patent part of an industry standard (extent to which current and future products can be sold without the patent)? 

  1. No. 
  2. Yes. Optional feature that adds little value to the product. 
  3. Yes. Optional feature that may add value to the product. (alternatives may exist; patent is not a primary contributor to standard). 
  4. Yes. Major patent in industry standard (no alternatives exist; patent is core contributor to standard). 
  5. Yes. Blockbuster patent in industry standard (no alternatives exist; patent is essential to standard). 

XII. Commercialisation A: Difficulty of Implementation in Products 

How much time is required to implement the technology? 

  1. Implementation requires prohibitive changes and investment (time-lag: >18 months). 
  2. Implementation requires major changes and investment (time-lag: 12-18 months). 
  3. Implementation requires significant changes to current manufacturing process and investment in new equipment (time-lag: 6-12 months). 
  4. Implementation requires moderate changes to current manufacturing process (time-lag: 1-6 months). 
  5. Immediate implementation with few/no changes to current manufacturing process (time-lag: < 1 month). 

XIII. Commercialization B: Technical Know-how Requirements 

What degree of technical know-how (tacit knowledge) is necessary for implementation? 

  1. Prohibitive technical know-how necessary for product integration (requires technology transfer agreements and significant staff exchange). 
  2. Would require substantial R&D investment to implement the technology. 
  3. Substantial technical know-how necessary for product integration (requires limited on-site staff). 
  4. Some technical know-how necessary for product integration (possible via correspondence).
  5. No technical know-how beyond what is described in patent documents necessary for product integration.

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