National Patent Rules Require Specialist Knowledge

If you are thinking about applying for a patent

, before starting the process, you should research your market to see if there are any other national or international patents for designs similar to the ones that you would like to register.

Any commercial enterprise with a patent will naturally be on the lookout for fresh applications that may be made, which could have a negative effect on their business. By spotting relevant applications at the publication stage, they will then have the opportunity to challenge a new application that might infringe their existing patent, or at the very least have the potential to upset their current sales. You can generally find this information in official journals.

Patents are still dealt with at a national level, and each country has historically had its own set of rules. So, depending on the country providing jurisdiction over the patent application, it may be possible to lodge an objection at the early, application stage - arguing that the patent should not be granted. This set-up does, however, have a downside for the applicant; whilst they are spending time defending any formal opposition to the application, their advance or discovery could be being taken advantage of by others as it is temporarily unprotected.

Any objections or applications have to be entered promptly. In a situation where there are two related patents, delay could lead to an accusation that the opposer has effectively ruled themselves out, and accepted that the new application is, in effect, valid.

In some countries you are not able to lodge an objection at an early stage, so if you are connected with a patent, you should consult a specialist intellectual property lawyer early on so that you are aware of the situation in any markets important to your development. In the USA, for example, it is not possible to object at the application stage, although it is permissible to request a re-examination by the relevant patent office; and this might bring new information to the attention of the officials looking into the application. As a result, a patent could be re-drafted, resulting in a more comprehensive wording and possibly giving breathing space to others with interests in similar products or procedures.

In the UK, there are few objections as the process allows for a detailed investigation early on. In contrast, the market in Germany does nnot allow for any early searches for patents already existing, meaning that there tends to be more objections by parties with a vested interest; in practice, this is the only way for a rival to register their interest.

Patent law is complex and the price of getting it wrong can be disastrous. Make sure you take early intellectual property advice from specialist IP Lawyers.

by: Tim Bishop

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