Searches and monitoring

An entrepreneur can save a great deal of money by keeping himself informed of patent applications and patents in the technical field that he or she is active in.

 

Patent searches

When developing a new product or a new method, it is essential to be informed of the relevant patent literature and the existing patent rights in the field in question. It is to be noted that the number of patent applications has risen significantly in recent years. Therefore the chances on patent conflicts have increased as well.

This information can be obtained by an investigation, also called a prior art search, which may be of importance so as to be informed of past developments in the field in question. If the patent applications in respect of a particular development have not resulted in the granting of a patent so far, or if the patents have already lapsed, it is permitted to make use of these developments. This may result in a considerable cost saving. The very purpose of the mandatory publication of a patent application is to stimulate others in their development work. It is advisable, therefore, to have an exploratory search carried out before starting a new development, in order to prevent simultaneous developments. If a product has already been developed, it may be important to have an exploratory search carried out in order to find out if it is worthwhile to seek patent protection for it, as generally there is not much use in filing a patent application if the invention being claimed is already known to a large extent.

A search with regard to existing or pending patent rights of others is worthwhile in order to prevent situations where a product that has been put on the market must be removed from the market again because it appears that the product in question has already been patented by someone else. The above-mentioned searches can be categorized as subject matter searches, in which the subject matter of the invention constitutes the point of departure of the search. Generally, this type of search is the most comprehensive and thus most expensive search. The costs of a subject matter search are available upon request and depend on the specific issues involved.

No confusion should arise between these searches and the search reports issued by the Netherlands Patent Office and the European Patent Office. These search reports and the consequences of requesting and not requesting such a report are governed by patent law and may only be issued by the competent authorities.

Besides the above-mentioned subject matter searches, there are several other, generally less comprehensive, searches, which have a different point of departure. Thus it is possible to have a name search carried out, where a survey is given of all the patent applications that have been filed under a particular name. In the case of a family search, a search for corresponding patent applications in other countries is carried out on the basis of a particular patent application. In the case of a status search, the search is aimed at finding out to what stage the procedure for grant in respect of a particular patent application has progressed, or if a patent is still valid or if it has lapsed in the meantime. Of course various other types of search are possible.

 

Monitoring

Monitoring or watching enables the entrepreneur to keep himself abreast of the latest developments of others, such as his (potential) competitors. Also here different points of departure are possible. Thus it is possible to monitor what new patent applications are published in a particular technical field, whilst also the filings of a particular competitor or the progress of a procedure for grant of a particular patent application can be monitored. This latter possibility may be of importance with a view to knowing the right time for filing notice of opposition against the grant of a patent in order to prevent the wrongful grant of patents (see the information sheet Opposition and opinions), which will needlessly reduce the freedom of action of third parties.

 

Role of the patent attorney

The above searches and monitoring can be carried out by De Vries & Metman. Hereto De Vries & Metman has a direct access to many (commercial) patent databases and patent websites, which enables various searches to be carried out, generally at relatively low cost. Very comprehensive or specialist searches can be contracted out to specialised search agencies. The advantage of having a patent attorney carry out your searches is that a patent attorney can directly assess the legal significance of the search results and translate this to your specific situation.