Preliminary search
What is Industrial property Preliminary search?
Searches in the field of industrial property are of particular importance for the protection of objects. Depending on the object and purpose, they can be divided into different categories and types. Conditionally speaking, searches are four main categories: for patents, utility models, trademarks, or industrial designs. Conducting a preliminary search can determine the patentability of an invention, the distinctiveness of a trademark, or the novelty of a design. A preliminary search of a patent, utility model, trademark, or industrial design would save money spent in case of a rejected application. Preliminary searches also aim to provide important guidelines for drafting reliable applications. An analysis of partners or competition can be done through the prism of industrial property. The searches help to form a general overview of the past and future activities in a given technical direction.
The choice of the appropriate preliminary search depends mainly on the purpose for which the search is conducted.
What is our part?
One of the most successful fields of activity of the engineering patent law firm “BV & Ko” is conducting a selected preliminary search for a patent, utility model, trademark, or industrial design. We are proud of our many years of practice in conducting preliminary searches for our clients. Our in-depth knowledge in the field of technical sciences distinguishes our office as specialized in patent and utility model searches. With each search, we will give you a clear idea of the state of the market. Search reports will guide you in what actions to take. Last but not least, we can save you both time and serious financial resources with any preliminary search.
CONTENT OF THE SERVICE
Types of preliminary searches for
Patent and Utility model
1. STATE OF THE ART SEARCH
This type of search provides information regarding the state of the art in a given technical field at the time of conducting the search. This search is usually carried out before starting the development of a new technical solution. It helps to assess the new activities that need to be undertaken in the relevant field. Since the results of this type of search cite one or more published documents, they could be used in the process of preparing the description of a patent application for invention or for registration of a utility model.
2. NOVELTY SEARCH
The novelty search provides information on whether a technical solution is new. The search report indicates whether the client could receive protection if he files an application.
3. NOVELTY AND INVENTIVE STEP SEARCH
In addition to the information about the novelty, the search determines the inventive step of the technical solution at the time of the search. This type of search shows whether the technical solution is new and involves an inventive step, and thereof what protection the client could receive if he files an application. The report is more complex than that of the novelty search, as it contains a detailed analysis of the patentability
of the technical solution, subject to the novelty and inventive step search.
4. SEARCH BY TOPIC IN A TECHNICAL FIELD
The search by topic in a technical field is one of the most complex searches in the field of inventions, as it provides information about the latest technological advances according to the chosen topic at the time of the search. This type of search shows the development of competitors or supports the search for potential partners. Often the subject can be set in general terms, so it would be most advisable to limit the search to a certain period of time or to conduct it in certain territories.
5. FREEDOM TO OPERATE FOR THE TERRITORY OF BULGARIA
Freedom to operate (FTO) preliminary search presents information about the documents for protection that have or will have an effect on the territory of Bulgaria. The object of the search falls in the scope of protection of these documents at the time of the search. This type of search should be carried out before the start of a certain technical development or realization of products and/or methods in order to avoid infringement of the third parties’ rights. It is good to limit the search for freedom to operate up to territories of interest because, in the dynamics of our life, it is difficult to cover the whole world.
Trademark and Industrial design
1. SIMILARITY AND IDENTITY SEARCH
This type of search aims to provide preliminary information on the existence of similar and/or identical trademarks that are filed and/or registered for similar or identical goods and services. The search can be conducted both for the territory of Bulgaria and for the territories of other countries of interest.
2. NOVELTY SEARCH OF INDUSTRIAL DESIGN
This type of search falls into the category of preliminary searches, as it provides information on the presence of already registered designs and published applications for designs identical to the product subject of the search. It is advisable to carry out the search before filing an application for registration of an industrial design, as it will reduce the chance of deleting the registration.
Other types of preliminary search for
Patent, Utility model, Trademark or Industrial design
The main types of preliminary search do not exhaust the possibilities of databases with objects of industrial property. Apart from them, there are some more interesting types of searches such as:
1. SEARCH BY THE NAME – a search by the name of a person (natural or legal) shall provide information on industrial property objects in respect of which this person is registered as an inventor, applicant, owner, user, etc.
2. NUMERICAL SEARCH – it is possible to display the content of an application or a document for protection by a certain application number or publication number.
3. LEGAL STATUS SEARCH – each application or document for protection has a current status, determining its current state, and this type of search aims to show the current status of the object.
Patent and Utility model
PATENT FAMILY – patent families are all documents such as patents or utility models, which are filed for the same invention on the territory of Bulgaria or on the territory of another country, and this type of search presents the territorial coverage of an invention.
