Patent examination: stages, tasks and significance
The main purpose of patent examination is to confirm the application’s compliance with the patentability criteria in order to obtain a title of protection (patent) that secures rights author to use an idea or technology. Patent examination is the process of assessing the novelty and uniqueness of inventions, industrial designs, utility models and other technical solutions .
Main stages of patent examination
Formal examination
Initial verification of the correctness of the application and the availability of the necessary documents. Here it is determined whether the application is correctly completed and whether it complies with the formal requirements of patent law. If something is wrong, the documents may be returned to the applicant for revision.
Substantive examination
At this stage, a comprehensive analysis of the very essence of the technical solution is carried out: its novelty, industrial applicability and inventiveness are determined level. Experts study the compliance of the development with the stated patentability requirements, conduct a search of existing patents and analogues to identify the uniqueness of the application. For each object - invention, utility model or industrial design - its own criteria are applied.
Check for novelty
As part of the examination, they check whether a similar solution already exists. To do this, a patent search is carried out in global and national databases, as well as scientific publications, industrial exhibitions and other sources of information are analyzed.
Examination conclusion
After completion of the substantive examination and other necessary stages the applicant receives a decision. If it is positive, a patent is issued, which provides the exclusive right to use the invention for a specified period.
Tasks of patent examination
Patent examination solves a number of key problems:
- Protecting the interests of the developer: a patent protects the innovator from copying his ideas by competitors and gives him the legal opportunity to dispose of the rights to his invention.
- Identification of uniqueness: examination helps to exclude the patenting of existing solutions, which simplifies further developments in the industry
- Stimulating innovation: establishing clear criteria for patentability helps promote unique ideas and technologies, pushing companies to develop new things.
The importance of patent examination for business and science
For business: patent examination allows you to protect commercially important developments, providing the opportunity to use the invention exclusively in the interests of the company or sell the rights to it. The presence of patents increases confidence in a brand, improves its market position and value.
For science: patenting developments allows scientific institutions and inventors to secure the rights to new discoveries and unique techniques. This also helps in attracting investment and generating sustainable interest in research projects.
Patent examination is a critical step in the intellectual property protection process that requires the participation of experienced professionals. The success of patenting and the protection of the applicant’s intellectual rights depend on the thoroughness and professionalism of experts.