Search first, register after
To make sure you’re dealing with a new product or process, the first step in the registration of your invention is to conduct a patent and utility model search. In addition to providing more information about preexisting inventions, this process, which must be carried out by experienced experts, prevents possible unnecessary costs.
The invention must be a worldwide novelty, and not only in a certain country. Therefore, among other means, the search makes use of advanced algorithms, different international classifications, and in-depth knowledge of the relevant literature in the field. This determines the granting likelihood and allows us to adapt the filing and protection strategy.
Since this type of protection requires financial resources, we’ll assess whether it is economically viable to proceed with the registration filing. If the process isn’t viable, you’ll avoid the high costs of writing, filing, translating or internationally protecting the invention. If it’s viable, you’ll gain greater legal certainty concerning the future granting of your right.
This allows the inventors to familiarize themselves with the market in which they operate (or will operate), to discover the rights which have been obtained by competitors. The purpose of Conflict Analysis is, for example, to guide the search and development towards areas that will allow the achievement of patentable results. It is a first step toward the Freedom to Operate and prevention of infringing third parties’ rights.
Our experienced professionals perform a job that goes beyond simple searches on the internet or in the market which the inventions are being sold, whether by checking several databases in different jurisdictions or consulting the relevant scientific and academic literature in the technical area in question, among other search tools.
Yes! At Inventa, we also search for previously recorded designs, with the purpose of identifying potential conflicts with earlier rights or analyzing third parties’ portfolios.
What is a patent, utility model, or industrial design search?
This search is a process that will allows us to evaluate the granting likelihood of the rights protecting the technical aspects of inventions or the appearance of products.
In order to do this, exhaustive searches of all inventions are carried out using specialized algorithms, taking into account the current national and international classifications. An analysis of all the relevant scientific and academic literature also takes place.
After this analysis, we’re going to be able to establish whether there is a chance that the granting of the rights to an invention’s patent, utility model, or industrial design will be denied.
Why is a patent search so important?
This search is recommended in order to avoid unnecessary expenses - the remaining steps of the process for obtaining patents and utility models may be too expensive. In other words, this work allows you to confirm if the object to be protected is new – all around the world – with respect to inventions that have already been made public or registered through other protection requests. This ensures that your registration will not infringe third parties’ rights.
This search is recommended in order to outline the best registration strategy to ensure that extra expenses are not incurred due to the modification of the protection originally filed for, where the granting is only partially viable. If your protection is viable, you gain greater certainty and security as to the granting.
This search is recommended because the initial patent, utility model, and industrial design search facilitates the development of research into new products or processes, which do not come into conflict with earlier rights.
When should I request a patent search?
The sooner the better, since you could be spending time and resources developing and investigating a product or a process that has already been subject to a previous application.
It is safe to say that a patent search must be carried out before filing the application. This will avoid additional costs being incurred due to the modification or change of a patent text that has already been filed. It is also useful for writing and preparing the documentation to be delivered to the PTOs.
What is Freedom to Operate?
Freedom to Operate is ideal for those who want to conduct an investigation in a particular area without risking the infringement of third parties’ rights, including patents, utility models or industrial designs.
Starting from a product, process or area of scientific research it is a process that searches for rights that have similar characteristics to the invention to be registered.
Based on the results obtained, it is possible to define Research and Development (R&D) strategies, with greater certainty regarding the extent of the protection which will be granted later with the filing of the patent and other means of protection, as well as the returns it will provide.
Why should I contact Inventa to carry out a patent search?
Our professionals check numerous databases, searching for inventions in jurisdictions worldwide, using national and international classifications and advanced algorithms, as well as the scientific and academic literature on the technical areas concerned.
To do so, we conduct patent searches that go far beyond simple searches on the internet or in the market, where the invention may be made available to the public. This way, the requirement of novelty is assured, giving greater legal security to the registration applications filed.
In addition to conducting the search by means of earlier patents, we are committed to draft the patent text. The search report will be a useful supporting document during the process of drafting and reviewing the patent before its submission.
Can I search for registered industrial designs?
Inventa can also perform searches for previously registered industrial designs that may come into conflict with the new designs to be registered.
The searches for registered industrial designs are conducted by experienced professionals using specialized algorithms. They take into account the current national or international classifications and whether the results obtained cause a different overall impression from a legal point of view. This can then identify the likelihood of the grant.
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