Supporting the launch of products and services
Are you planning to launch a new product or service? At ip21, we're here to help. We provide commercial support to help you navigate the world of intellectual property (IP), making sure that you protect your ideas while avoiding legal pitfalls. We’re well-placed to help you build a strong IP portfolio that aligns with your business goals.
Why should I file a patent application?
If it’s valuable for your product or service to be protected by a patent, then it’s vital to file a patent application before you launch. In fact, you’ll need to file the patent application before you share your innovation with anyone who isn't bound by a duty of confidentiality. While non-disclosure agreements (NDAs) and employment contracts are helpful for keeping your ideas secret, it can be difficult & costly to put right if someone does reveal or file a patent application before you for innovation that belongs to you.
A well-prepared patent application is an important asset for attracting investors, as it will set your business apart from the competition. Filing a patent application establishes a priority date, giving you a year to seek patent protection in other countries, while you continue building your business. This priority system allows you to defer some legal costs and keep your options open.
How can I increase my chances of securing patent protection?
In order for a patent to be granted, your patent application must be new and inventive compared to everything else that’s out there. Don’t worry, you’re not expected to know everything that’s been done before. We can prepare your application based on the information that you already know. After your patent application has been filed, patent examiners in each country will carry out a “prior art search” when they review your patent application.
Typically, patent applications are prepared with the aim of pursuing the broadest scope that is available, based on the known prior art. To strengthen your patent application, it’s helpful to include fall-back options that show how your innovation is distinct from the prior art.
A well-written patent application clearly explains what makes your innovation unique, as well as describing the advantages of these unique features. We can help by conducting a prior art search for you, so you can better understand what’s already out there. Reviewing this information early on helps to focus your patent application on why your ideas are truly new and inventive.
How can I increase my awareness of prior art?
It can improve your chances of a patent being granted if you learn more about the prior art during the drafting of your patent application. Understanding the prior art that’s currently available is important for deciding on the scope of patent protection that you’re going to seek. We can arrange for prior art searches to be completed on your behalf, or advise you of ways to search for prior art yourself.
Prior art includes all existing documents, products, and ideas that are publicly available. Prior art isn’t restricted to patent documents, although the level of detail that patents teach makes them ideal for understanding the current state of available technology. The searches that we provide are prepared using specialist search tools and databases.
How can I mitigate the risk of somebody else’s patent?
When launching a new product or service, it's important to be aware of existing patents that might pose a risk to your plans. This is where a "freedom-to-operate (FTO) search” comes in useful. These FTO searches identify third-party patents that could be used to interfere with your plans to commercialise, so you can adjust your strategy accordingly. This may include changing your product or service or finding other ways to work around those patents.
If a third-party patent identified in an FTO search raises concerns, a validity search can be conducted to assess whether the patent should have been granted in the first place. At ip21, we can help both in FTO and validity searches, helping you evaluate third-party risks early and determine the best approach for protecting your research and development efforts while also identifying opportunities to seek strong patents that set you apart from your competitors.
How can I find patent documents?
Here are some useful links that can be used to search for patent documents:
- Google Patents is a useful search engine for finding patent documents that have published.
- Espacenet Patent Search is a database that provides details about patent documents from around the world.
https://worldwide.espacenet.com/advancedSearch?locale=en_EP
- The European Patent Office’s European Patent Register stores information about European patents and published European patent applications.
https://register.epo.org/advancedSearch?lng=en
- The recently-launched UK Government’s Search for a Patent service provides details about UK patents, published UK patent applications, and UK supplementary protection certificates.
https://www.gov.uk/search-for-patent
Patent documents can be searched by keyword based on the details that they contain. Search results can be filtered, such as by assignee details, inventor details. If there is a specific patent document that you’re looking for, this can be found by searching for its official number.
Please contact a patent attorney from ip21 Ltd if you’re interested to know more about patent searching, or if you have questions about a patent document that you’re already aware of.
Let’s make sure that your launch is a success
Our mission is to help you launch your product or service on time, within budget, and with a strong IP strategy. By reducing risks, positioning your business for investment, and building a valuable IP portfolio, we’ll be with you every step of the way. We’re interested to discuss your business plans and explore how we can provide the IP support you need for your business to succeed. Don’t hesitate to reach out to us.
Written by Mark Saunders for ip21