25 January 2021#AnalyticsPatent Search: Performing It Yourself vs. Hiring a Patent Attorney
A study of the industry allows us to outline the state of the art, on the basis of which unique inventions can be developed. And checking the degree of novelty of the object allows to conclude on the potential patentability of the result of intellectual activity, which leads to saving time and money for the future patent holder. The most effective way to carry out the designated actions is to conduct a patent research.In accordance with paragraph 3.1.1 of State Standard R 15. 011-96, a patent research is defined as: “Studies of the technical level and development trends of objects of economic activity, their patentability, patent freedom-to-operate, competitiveness (efficiency of intended use) on the basis of patent and other information”.By definition, patent research can be considered as a study of the market of available technical decisions and its trends in a particular area, in order to analyze and predict possible ways of development of the field under consideration.The main source of such research is a special patent information. According to the information presented on the official Internet portal of the Federal Service for Intellectual Property: “Patent information is information about inventions, utility models, industrial designs and trademarks, declared as objects of industrial property and/or officially recognized as such by the patent office.”Sung Woo Hong of the World Intellectual Property Organization (hereinafter WIPO), points out that this kind of information should include: “...not only the content of published patent documents, but also bibliographies and other information relating to patents for inventions, inventors’ certificates, utility certificates and utility models.”Thus, it can be concluded that patent information is the most comprehensive and up-to-date range of information known in the field of scientific and technological solutions. In addition, it can be added that patent information is a tool, the use of which is important at all stages of the life cycle of the object of technology, i.e., from the beginning of its creation, namely from setting the task for R&D and choosing the direction of activity to the end of the life cycle of the patented technical solution, i.e., its exit from the market.Depending on the person that conducts patent information research, it is possible to distinguish the following ways to conduct a patent search.Independent patent search.Analytical research conducted by a specialized consulting organization.During the independent research, the company may use open and public databases of patent offices, which contain up-to-date information on the patented objects, and also registers of information on the intellectual property objects applied for registration. In addition, it is possible to use paid search systems and commercial platforms with aggregated data and various tools for advanced and comprehensive searches. As a positive aspect of the independent analysis of patent information, there can be a reduction of financial costs.When a third-party company carries out patent information research, the search work is carried out by another organization at the request of the firm planning or carrying out the R&D.As practice shows, enterprises introducing innovations and using the objects of patent law in the vast majority of cases prefer to use the services of specialized companies offering to conduct patent searches. This state of affairs is due to the following circumstances.Patent research uses the widest possible range of available information, data and tools.Information search and analysis is performed by skilled specialists, who can make a reasonable conclusion on the degree of similarity of the compared objects and the probability of a threat in case of a collision of the rights of the owners of the compared intellectual property objects.If necessary, employees of the consulting company can give a number of valuable recommendations concerning the improvement of the object to be patented.The commercial client of the patent information search receives a ready-made report on the conducted research, which reflects the background and justification of the obtained research, as well as the trends and possible ways of development of the considered field in the future. Thus, there is no need to conduct a detailed analysis of patent information within the organization which is engaged in R&D, which undoubtedly reduces the time and labor costs.Due to the wide range of the analyzed information, it is possible to conclude about the completeness and high objectivity of the research conducted by the consulting organization.The above-mentioned circumstances encourage companies to seek a professional advice from a consulting organization with regard to patent search.
20 January 2021#InformationTypes of Patent Search and Why It Is Critically Important
By nature, humans are born to strive for progress and the discovery of new things. From this perspective, the last centuries can be described as a period of rapid development in all fields of human activity. The industrial revolution showed that life can be significantly improved through innovation, and society willingly began to apply various inventions. At the present stage of development, we can make a bold statement that mankind has realized the expediency of using intellectual property objects. International corporations and developing enterprises, single-industry companies and multi-profile firms, i.e., all organizations consider the introduction of scientific breakthrough as one of their priorities.However, in order to make full use of inventions, industrial designs or utility models, an appropriate legal regime must be in place. In addition, it is important to find out whether the subject matter is patented by another person. To get an answer to the above question, we can use a patent search. Such a procedure can be carried out by the employees of the company, which plans to register or use the intellectual property object. But, like any other process, the patent search has its own ins and outs. Therefore, the most effective and expedient way is to seek professional advice from a company providing consulting services in the field of patenting.So that to assess the chances of obtaining a patent for a developed result of intellectual activity, it is necessary to conduct an international patent information search or assess its patentability. The main conditions, for example, for obtaining a patent for an invention are feature of novelty, inventive level and industrial applicability. Since the criteria for obtaining patents in all countries are worldwide, the developed solution must also be unique throughout the world, that is, there should be no known analogous, the same or similar to the developed solution. If no same or similar solutions are found in the international search, there is a high probability of obtaining a patent.Each type of search has a different purpose and requires a different strategy. Companies providing consulting services in patenting perform the following types of work in the field of patent search:Patent analytics;Patent clearance of the identified technique;Patent landscaping.It is worth noting that the essence of all the above services comes down to the search, collection and analysis of patent related information. The difference lies in the objectives and goals set in for the research, as well as the desired results.Patent analytics is a patent search aimed at predicting the direction of technical decisions market development. Consulting company specialists analyze the patents identified and draw conclusions about the feasibility of scientific activity in a particular area. As K. Zaitseva rightly notes: “Patent analytics will help understand the intentions of competitors, determine technological trends, find developers and identify patents that may not be infringed...”.The patent clearance is conducted to identify valid patents in a particular territory, the exclusive rights of which may be infringed by a developed solution. Also, the existence of a patent does not always guarantee that someone’s exclusive rights, protected by the patents of others, are not infringed.Non-infringement quality of an invention is the legal characteristic of an intellectual property object that it can be freely used in a given country without the risk of infringement of patents owned by third parties that are valid in its territory. The purpose of the patent clearance search is to identify the features of the patented technical and/or design intellectual property solution used in the object, despite the existing differences in other features.The patentability search examines the object as a whole, all or most of the technical/design decisions implemented in it are evaluated. It is searched on a country-by-country basis. Patent clearance searches are carried out in a particular territory, usually in the countries of intended production and export of the product and within the patent validity period: 20 years for inventions (25 years for drug, pesticide or agrochemical inventions), 10 years for utility models, 25 years for industrial designs.Patent landscaping is a type of patent and information search to study the data known in the technical field. The result of such research is a specialized report, with information for more comprehensible study of information for marketers. The information is presented in the form of graphs and charts, which allows to visualize the information about the patenting market in the investigated sphere of innovations. It gives the possibility to define a position and resources of the company in the market of technical decisions, as well as to assess the position of competitors and identify threats that may arise before the release of a new invention or other object on the market. It is worth noting that the patent landscape should be conducted on an ongoing basis, for example, once a quarter, once every six months, so that the company reacts to changes in the field of patents in a timely manner.To summarize the above, we can conclude on the necessity and importance of such kind of analytical research as a patent search. Conducting various types of patent searches and reports based on the results of the research allows the client companies can:Make a conclusion about the patentability of the obtained result of intellectual activity;See the possibility of infringement of rights of third partiesHave a complete idea of the market of technical decisions and opportunities to strengthen its position at the expense of the use of patent rights.Thus, a patent search, carried out by qualified specialists will save money and optimize the activities of an enterprise.