Patent examination is an expert study, which helps to determine the fact of patent right infringement and identify the amount of damages incurred by a person as a result of the infringement.
Patent examination is carried out by professionals who are not only perfectly versed in jurisprudence, but also have special knowledge in the field of science, technology, art, etc.
The court, investigator, prosecutor or body of inquiry may appoint a patent examination. A person may independently order an examination even before the court in order to resolve disputable issues out of court. The expert examination may be appointed both at the stage of preparation of the case and during the trial. At the end the expert makes a conclusion, which is an essential argument and evidence in cases on protection of intellectual property rights.
The expert must make the conclusion in clear language, as the judge is not versed in technical issues. He makes a decision on the basis of this opinion, so often the outcome of the case may depend on the evidence presented.
The patent examiner analyzes the product and the patent to accomplish the following tasks:
The expert opinion consists of certain parts
A sample list of questions to be put to the examiner:
This is a list of suggested questions, as it is not exhaustive and depends on the subject matter.
It is necessary to establish the confusing similarity of trademarks in case of infringement of rights to the registered designation, as well as to assess the legality of registration of the mark. The first option is a classic judicial process, and the second - if objections are considered by the Chamber for Patent Disputes.
An area of forensic expertise which is more often perceived as a component of patent and technical expertise.
The examination of technical solutions, which relate to a device and are similar to an invention, is carried out by a specialist in the technical field.
Conducted in relation to the object of intellectual property, which relates to the appearance, design and properties of an industrial or artisanal product.
Forensic patent and technical examination (SPTE) is conducted by the specialists of the "Pervoistok" Patent Bureau within the framework of the current legislation. Our patent attorneys have sufficient experience in such studies and have legal knowledge. By contacting our patent attorneys, you will receive a competent opinion on the issues of interest.
Get a free consultation with a patent attorney