subject: Use an IP Lawyer to Check International Markets [print this page] Use an IP Lawyer to Check International Markets
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.Applications and objections need to be entered in a timely fashion. 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.Some countries do not have a facility for entering an objection at the early stage, and for anyone connected with a patent, it is well worth taking advice from a specialist intellectual property lawyer, to ensure you are fully appraised of the situation in key markets that concern 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. This could result in the patent being re-drafted to include more comprehensive language, which might also help others interested in similar procedures or products.In the UK, there are few objections as the process allows for a detailed investigation early on. In contrast, the situation in the German market is that there is no early search against existing patents, which leads to many more objections by interested parties; in practice, this is the only way for a rival to register their interest.Patent law is complicated - getting it wrong can be financially disastrous. Make sure you take early intellectual property advice from specialist IP Lawyers.
