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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.