Did you know there are five types of patent searches? New inventors are generally unaware of this variety, and when they decide to research alone at the National Institute of Industrial Property (INPI), without the help of an office specializing in intellectual law, they end up getting in the way and failing to observe important information. The granting of patents in Brazil has grown a lot in recent years and IPLatam has a stake in this, as our lawyers have filed hundreds of applications.
But the concession is only confirmed if all the rules are followed from the beginning. Therefore, the search for patents must be complete, covering the modalities of anteriority, infringement, prior, complementary and challenge. In this article, we’ll explain each of them. And if you need help filing a patent, you already know: click here and consult our experts.
Patent Search: Priority!
A patent is new and it has to, in addition to being new, meet two other criteria: inventive step and industrial application. In the search for precedence, the lawyer searches in databases around the world to make sure that the client has something that meets all the requirements to be patented. In addition to the INPI, the investigation is carried out on sites such as Google Patents, PatentScope and the USPTO (United States Patent and Trademark Office), among many other specialized services.
The product will not be NEW if a document that anticipates it is found.
It will have NO INVENTIVE ACTIVITY if TWO OR MORE documents with similar elements or technologies are found.
If the investigation does not find any relevant legal document, then IpLatam will be able to file the patent and the client will wait with peace of mind for its concession.
Patent search: infringement!
To continue the explanation, it is important to warn that the surveys are global, but the protection is national. A patent granted in Brazil is valid only in Brazil.
The search for infringement is carried out only at the INPI and its objective is to exclusively verify patent applications and patents already granted in our national territory. IPLatam carries out this survey to find out if a foreign company that wants to operate here can obtain this right, that is, if it can put its technology for sale in our market.
An example: our client is a Japanese company and in search of infringement, we found a Brazilian company that patented a very similar technology. So there is a collision, a conflict. The Japanese customer will not get authorization to trade the product here. However, if nothing similar is found at the INPI, we will be able to apply for the patent.
The infringement search is also called the Freedom to Operate Search (FDO Search).
Patent Search: Preview!
The pre-search is done before the product is finished. In fact, much earlier. IPLatam has, among its clients, the research and development departments of several companies. When an innovative idea comes up, you need to know if it REALLY is an innovative idea, right? The company cannot invest time, labor and financial resources in something that, months later, will not have the patent granted. Our lawyers check to see if similar technology is already registered and even in the public domain.
Patent Search: Complementary!
Maybe you don’t know it yet, but the documents deposited with the INPI are kept confidential for 18 months until they are published. That is why there is a complementary search, carried out 18 months after the infringement search. Its objective is, precisely, to cover this gap, as the initial research may not have found a similar technology that was in this secrecy phase and, therefore, could not be seen.
Patent Search: Challenge!
Finally, a challenge is sought when one of our customers wants to prevent its competitor from obtaining a patent. Lawyers are looking for documents that prove that similar technology has already been registered and that the new patent will bring economic damages to third parties.
We must emphasize that no organ is infallible, and due to inattention, the INPI may end up granting two similar patents to different holders. Therefore, many companies rely on IPLatam permanently. We are attentive to market movements and begin a search for challenges whenever necessary.
Does your company have legal advice specialized in intellectual law?
IPLatam is a company specialized in intellectual property. We act in the protection of trademarks, patents, copyrights, franchising contracts and technology transfer in Brazil and in over 120 countries. We defend small, medium and large companies. If you have any questions or want to schedule a meeting, click here and let us know!
