Checking the patent clearance of any object
A patent check is actually a check to ensure that your invention as a whole, or its component parts, does not infringe on the rights of third parties. For example, you come up with a new engine, and in its composition it uses a certain unit, which is patented by a third party. In general, your development is new, but the node used will violate the rights of a third party. These violations are precisely identified as part of the patent clearance check.
The check of patent clearance is carried out as part of a specialized study, which shows whether it is possible to use an object in a particular territory without violating the rights of third parties who are the owners of the patent. This is a very important moment for those who want to create a new technique or invent a specific device, as well as for those who register their developments.
As part of checking for patent clearance, we also investigate the issue of patentability of an idea. Thanks to such research, the prospects for obtaining a patent become clear.
What you need to know about patent clearance?
Checking for patent clearance is important for everyone who, for various reasons, is afraid of violating the exclusive rights of third parties by using various objects. Moreover, the relevant objects can mean almost anything, from various machinery, equipment, materials and ending with technological processes.
Please note that patent clearance is far from just overlap with other patents. It also covers the exclusive rights to industrial designs, trade names and trademarks. It makes sense to carry out research on patent clearance in the following cases:
- before the start of development in a specific area to create or modify a certain technique, equipment, technological process;
- within the framework of the analysis of the economic feasibility of registering a patent for a specific know-how in the selected region;
- when studying the market of a particular country;
- to provide business partners with the opportunity not only to use existing developments, but also to transfer them to the territory of their state;
- when expanding the sales market for a certain object.
Not all are listed above, but only typical cases in which it makes sense to study patent purity. The expediency of such studies is primarily related to whether there is a risk of violating the exclusive rights of others.
It should be noted that the patent purity of an object is a relative concept. It is associated with a specific territory and time frame. This means that in one region the examination for patent clearance can give a negative result. Therefore, you will not be able to use a single object there or register it for further implementation. However, in another country, for example, this is not excluded.
Patent Clearance Research: What Should Be Considered?
When conducting research on patent purity, there are 3 components to consider. First of all, such an examination is important from a legal point of view, since it affects the possible violation of the rights of third parties or on their observance.
Secondly, such research is important from a technical point of view. It allows you to establish the novelty of a specific development, to compare it with other objects under legal protection.
Thirdly, checking for patent purity establishes the economic feasibility of further actions. If it becomes obvious that in a certain region it will not be possible to implement a separate object, then it makes no sense to spend money on its promotion or even prepare a full package of documents for registration.
Direct verification of patent purity will be justified if all factors are taken into account in it.
Our company is ready to take upon itself the solution of all issues that are in one way or another related to such a check.
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Entrepreneur, co-owner of several companies. He is the author of patents, computer programs, understands the technical intricacies of patents and the legal aspects of their protection. In matters of intellectual property, he understands from a practical point of view - the profit that can be obtained from the rights to patents, trademarks, copyrights.
Inventor, carries out professional activities in the field of protection and protection of intellectual property since 2004 - patent attorney of the Russian Federation No. 1232 from 23.05.2008, field of activity: inventions, utility models, industrial designs.
Leading specialist in the international registration of trademarks under the Madrid Protocol in non-CIS countries, as well as direct registration of trademarks in the CIS countries. For more than 9 years she has been engaged in the registration of trademarks both in the Russia and abroad.
She has extensive practical experience in registering difficult trademarks and solving related legal issues.
Author of over 20 scientific papers. He has extensive experience in the implementation and protection of R&D results, a specialist in the development and protection of exclusive rights to computer programs. In 2009 he defended his thesis for the degree of candidate of technical sciences.