Why do you need an examination of intellectual property?
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.
What tasks are solved by a specialist who conducts patent examination?
The patent examiner analyzes the product and the patent to accomplish the following tasks:
- Determine the status of the patent, namely whether it is currently valid;
- the list of rights that have been granted to the owner of the patent;
- the possibility of patent infringement by the analyzed product;
- to prove that the product is the subject of patent law;
- prove that the applicant is the right holder, and the infringer used the product, without his permission;
- to determine the possibility of damage and justify its amount.
The expert opinion consists of certain parts
- introduction - a description of the object, the purpose of the study;
- the research part - to describe the method of research and specify the essential features of the objects;
- conclusions of the expert.
What objects of patent examination the patent examiner examines?
- Service marks.
- Useful models.
- Industrial designs.
- Works of science, art and literature.
Among them there are also disputable objects, i.e. their registration is possible but not obligatory:
- Computer software.
- Breeding achievements.
Full list of objects is contained in the 4th part of the Civil Code of Russia "Rights to results of intellectual activity and means of individualization".
A sample list of questions to be put to the examiner:
- Are the features of the invention that is stated in the patent present in the examined subject matter?
- Are all the features of the independent claim used in the examined object?
- Are the features of the industrial design that are specified in the patent granted on it present, does the totality of the features of the object have the same impression on the consumer as the solution in the patent for the industrial design?
- Is there confusingly similar or different between the trademarks that have been submitted for examination?
- Is the verbal or graphic element dominant in the combined trademark?
This is a list of suggested questions, as it is not exhaustive and depends on the subject matter.
Types of patent examinations
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.
Patent examinationof inventions and utility models
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.
Patent examination of industrial designs
Conducted in relation to the object of intellectual property, which relates to the appearance, design and properties of an industrial or artisanal product.
Our services and prices
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.
Cost of services
- Forensic examination of a trademark - 48,000 rubles.
- Forensic patent examination - from 50,000 rubles.
- Non-judicial examination - 30,000 rubles.
- Review of the expert opinion - 18,000 rubles.
- Obtaining a written expert consultation (certificate) - from 2500 rubles, depending on the complexity of the object.
- Oral consultations - without prior review of client's materials - 2500 rubles/hour; with prior review - 5000 rubles for a trademark and 10,000 rubles for an invention, industrial design or utility model.