In an environment of strong competition on international markets, increasing importance is attached to industrial planning and forecasting, as well as to the development of an appropriate business strategy by individual enterprises and industrial groups. Here is the place to pay special attention to the role of the patent system as a powerful tool for analyzing and building a strategy for the protection of industrial property (IP protection).

At the technical level, which will be of particular importance for a business, the effective search for patent documentation can reveal the technical level of innovation, as well as the state of the art existing in a particular field of technology. Knowledge of the state of the art in a given technical field:

∴ prevents duplication of research activity;

∴ generates ideas for future improvements;

∴ envisages the technological activity and the marketing strategy of the competitors.

At the market level, the patent system can be used as an industrial planning tool. Patent activity statistics, which are disclosed by published patent documents, represent the degree of patent activity that can be used as a measure of technological activity in a given technical field. Statistical analysis of patent documentation can indicate:

∴ which countries and enterprises are active in certain technical areas;

∴ in which branches of the industry the technology moves at a fast pace;

∴ in which branches of the industry the technology is stable.

Such an analysis provides a tool for forecasting future industrial development, which can identify areas where market demand is growing, monitor overall technological progress, and assess investment policy. The most powerful tool for preparing analysis and strategy through the patent system are the different types of preliminary patent searches.

When creating new developments or producing a new product, it is very important to make an analysis (financial and resource) of the state of the company and to choose the best solution for this:

∴ whether to seek the IP protection, as well as in what object it should be (national or international protection – European patent, PCT application, application under the Hague Agreement, protection in EUIPO, application under the Madrid Agreement);

∴ whether to take actions for concluding a license agreement and what kind of license;

∴ whether to wait for the protection document, which restricts the freedom of action, to expire;

∴ whether to keep it as a trade secret (know-how).

It is important to make a preliminary assessment of the advantage of the manufacturer entering the market with a new product and what are the risks when there is no protection.

Before starting any new project, the contractor must be informed of what has been created so far to avoid wasting resources to rediscover the known.

It is important that he is informed and has answers to the following important questions:

∴ Are there valid rights of third parties (availability of documents for protection in force)?

∴ What is the development of competition?

∴ Is there a niche in the market for its product or process?

SELECTION OF OBJECT

In the first place in the building of the protection strategy is the correct selection of the objects of industrial property set in the market product. Often a product contains many objects of industrial property, such as:

∴ the name of the product;

∴ the appearance of the product;

∴ product functionality;

∴ the label on the product.

The protection of each of these objects is independent of the others, and it is extremely important to properly build a comprehensive protection portfolio so that the product receives maximum protection on the market.

POTENTIAL MARKET

No less important is the choice of the right markets. The protection of industrial property has a territorial effect. The selection of the right markets in which to seek protection depends on many factors, the leading ones being:

∴ the activity of the main competition;

∴ research activity;

∴ the scope of users;

∴ the size of the market;

∴ the country of manufacture.

These factors are important because the market sales of products in different countries vary.