Search first, register after
The first step in the registration of an invention is the patent and utility model search to make sure that it is a new product or process. In addition to providing more information about pre-existing inventions, this process, which must be carried out by experienced experts, prevents possible unnecessary costs.
The invention must be novel, not only in a certain country but worldwide. 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 likelihood of the grant and allows us to adapt the filing and protection strategy.
To assess whether it is economically viable to proceed with the registration filing, as this form of protection requires financial resources. If the process is not viable, you avoid the high costs of writing, filing, translating, or internationally protecting the invention. If it is viable, you gain greater legal certainty regarding the future granting of the 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 this is, for example, to guide the search and development towards those 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.
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, our experienced professionals perform a job that goes beyond simple searches on the internet or the market in which the inventions are sold.
Yes, this is possible. At Inventa International, we also provide services that search previously recorded designs, for the purpose of identifying situations of potential conflict with earlier rights or analyzing third parties’ portfolios.
What is a patent, utility model, or industrial design search?
This is a process which allows us to evaluate the likelihood that the rights protecting the technical aspects of inventions or the appearance of products will be granted.
In order to do this, exhaustive searches of all inventions are carried out using specialized algorithms, taking into account the current national or international classifications. An analysis of all the relevant scientific and academic literature also takes place.
Following this, we are 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 important?
This search is recommended in order to avoid unnecessary expenses - the remaining steps of the process of obtaining patents and utility models may be too costly. In other words, this work allows you to confirm that the object to be protected is new - anywhere in the world – with respect to those 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 you 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 inestigation 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 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 you contact us 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 International 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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