A patent grants its owner exclusive rights to an object of intellectual activity. These include industrial designs, inventions and scientific and technical achievements. During the development, design, creation, production and use of the patented object, special patent studies are carried out. In the course of these studies the development trends and technical level of the object of intellectual property, its competitiveness and patent purity are studied. The validity of a patent in Russia is 20 years.
Patent research has a certain goal - to ensure the competitiveness of a given product, reduce the cost of its creation and avoid repetition and similarity with known developments. Various sources of information are analyzed in the course of the research: patent, economic, marketing and scientific and technical information.
The product lifecycle begins with patent research. Initially, the terms of reference are drafted and research work is carried out during the creation of the product. It is then marketed domestically and/or internationally.
Patent research includes the main areas:
Patent studies help to determine the feasibility of patenting objects of industrial property, the conditions for their unhindered marketing and market prospects. Also to identify the main competitors and determine the value of finished products, not only for the conclusion of commercial contracts, but also for inclusion in the share capital of the organization.
Any patent analysis is determined on the basis of the necessary tasks in the stages of creation or production of products. Let us discuss each task in detail.
This direction determines the level of development of science and technology and their main trends, as well as:
The main objective of the research is to prevent the development of non-competitive or non-patent products, and as a consequence, to save the customer's financial resources. It is necessary to determine similar products, the prospects for the development of science in the next few years and the possibility of registering patents during this period.
An object of industrial property has its own criteria of patentability. For example, only when novelty and applicability (and in the case of an invention and inventive step of a product) are confirmed can it be registered. The development of a product that will not meet the principles of patentability leads to unnecessary financial costs, loss of time and effort.
The patentability study allows you to complete the development of such an object or to change its characteristics if possible. This examination has the following directions:
The description of the registered patent can be obtained from the databases of national and international offices. Specialists analyze the applications filed by other persons, since the legislation gives priority of registration to the previously applied inventor.
The result of the patent investigation is a report on the compliance or non-compliance of the patentability conditions. Thanks to it, changes can be made during the development phase or the invention can be abandoned altogether.
The exclusive right to a patent is strictly protected by the State and is only valid within the country whose office registered the patent. Therefore, if you decide to use it outside the registered country, it is necessary to check whether similar patents exist in the new market, so as not to infringe on the patent rights of other right holders.
Checking for patent purity is not the most common type of research, but the experts' opinions are as follows - if you want to market your product in another country, you must fully check the patents that have been issued. This step should be mandatory before implementation.
The research process in this area:
Analysis for patent purity allows to determine the following - whether the patent rights of the owners of similar inventions will be violated if you sell your product. If such a patent study is not conducted, then the developer can be held liable and will incur large financial losses, as he will violate the rights of the owners of the patents.
The patent landscape visually shows the state of the situation and the industry within a region, country or the world for a single technical solution. As a result of using this method, promising technologies and influential competitors are immediately visible, which makes it possible to make an informed decision about financial investments in a particular product of a given field.
The examination ends with a visual report containing graphs, tables, diagrams, maps, which are easier to perceive by persons who do not have sufficient knowledge in the field of patent law.
The examination of IP objects allows to focus all efforts, including financial ones, on the development of new products and technical solutions in countries with a low level of inventive capacity and the number of issued patents.
The choice and the utmost precision of the set task predetermines the whole outcome of the patent research. A single task for the whole process or a separate one for each stage may be approved. The client gives the executors the maximum amount of information, draws up a task and a list of conditions.
The assignment displays the following mandatory information:
In accordance with the assignment, the procedure for conducting the search is established, which defines:
Approval of the regulations allows you to search as accurately as possible for the information provided. Usually individual regions or a country in one or more industries are investigated. All data is collected and analyzed. Information from the public domain, as well as registries and publications are studied. Therefore, if the regulations are illiterate, the subject matter of the study will expand and specialists will have to check thousands of documents. It should clearly define the boundaries of patent research among the masses of information.
Formation of the report is the last stage, which summarizes all the data, viz:
The form of the report is established by the above mentioned GOST R 15.011-96, which contains:
The customer, who provided the task, approves the report. The interested person can conduct a check independently or apply to the patent bureau. It is quite problematic to conduct an information search, since access to almost all databases is not free, and the information that is in the public domain may be unreliable. Many documents are in foreign languages, so they need to be translated, which will require significant financial expenses. And most importantly, it is important to have a qualified knowledge of patent law and legislation in order to carry out patent research.
The price for the service in the company "Pervoistok" starts from 50 000 rubles and depends on the number of objects, their complexity, assessment of the subject matter, peculiarities of the technical assignment drawn up by the client.
The specialists of our patent bureau have wide experience in the field of national and international law in the sphere of patenting. You will get an exhaustive answer to your tasks, and the experts will control the research procedure, starting from the application up to the report drafting.
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