Patent watch
Encyclopedia
In patent law
, a patent watch is a process for monitoring newly issued patents on a periodic basis to see if any of these patents might be of interest. Patent watches may for instance be performed on a quarterly basis. It is common practice for corporation
s in patent-based businesses (e.g. manufacturing) to circulate the results of a patent watch to the appropriate technical people to determine if any newly issued patents are of interest.
A newly issued patent may be of interest if it appears to cover one or more products or processes sold by a given company. That company then runs the risk of being sued for patent infringement
. In this case, it is prudent for said company to commission a clearance opinion to at least show that they were diligent in making sure that they did not infringe the issued patent.
If the opinion finds that the company is indeed infringing the patent, then the company can:
A company might do a novelty search
to determine if there is any prior art
that would invalidate the patent that the patent office
had not previously considered. If said prior art is discovered, the company may bring an opposition proceeding
, or request a reexamination
to have the patent declared invalid. Opposition proceedings are available in Europe
and Japan
. Reexaminations are available in the U.S. In the US, a company may also bring a lawsuit in Federal Court to have the patent declared invalid.
Patent
A patent is a form of intellectual property. It consists of a set of exclusive rights granted by a sovereign state to an inventor or their assignee for a limited period of time in exchange for the public disclosure of an invention....
, a patent watch is a process for monitoring newly issued patents on a periodic basis to see if any of these patents might be of interest. Patent watches may for instance be performed on a quarterly basis. It is common practice for corporation
Corporation
A corporation is created under the laws of a state as a separate legal entity that has privileges and liabilities that are distinct from those of its members. There are many different forms of corporations, most of which are used to conduct business. Early corporations were established by charter...
s in patent-based businesses (e.g. manufacturing) to circulate the results of a patent watch to the appropriate technical people to determine if any newly issued patents are of interest.
A newly issued patent may be of interest if it appears to cover one or more products or processes sold by a given company. That company then runs the risk of being sued for patent infringement
Patent infringement
Patent infringement is the commission of a prohibited act with respect to a patented invention without permission from the patent holder. Permission may typically be granted in the form of a license. The definition of patent infringement may vary by jurisdiction, but it typically includes using or...
. In this case, it is prudent for said company to commission a clearance opinion to at least show that they were diligent in making sure that they did not infringe the issued patent.
If the opinion finds that the company is indeed infringing the patent, then the company can:
- modify its products or processes so that they don’t infringe (designing around),
- seek a license from the patent holder, or
- see if they can find evidence that the patent is not valid.
A company might do a novelty search
Prior art
Prior art , in most systems of patent law, constitutes all information that has been made available to the public in any form before a given date that might be relevant to a patent's claims of originality...
to determine if there is any prior art
Prior art
Prior art , in most systems of patent law, constitutes all information that has been made available to the public in any form before a given date that might be relevant to a patent's claims of originality...
that would invalidate the patent that the patent office
Patent office
A patent office is a governmental or intergovernmental organization which controls the issue of patents. In other words, "patent offices are government bodies that may grant a patent or reject the patent application based on whether or not the application fulfils the requirements for...
had not previously considered. If said prior art is discovered, the company may bring an opposition proceeding
Opposition proceeding
An opposition proceeding is an administrative process available under the patent and trademark law of most jurisdictions which allows third parties to dispute the validity of a granted patent or trademark.-Patents:...
, or request a reexamination
Reexamination
In United States patent law, a reexamination is a process whereby a third party or inventor can have a patent reexamined by a patent examiner to verify that the subject matter it claims is patentable...
to have the patent declared invalid. Opposition proceedings are available in Europe
European Patent Convention
The Convention on the Grant of European Patents of 5 October 1973, commonly known as the European Patent Convention , is a multilateral treaty instituting the European Patent Organisation and providing an autonomous legal system according to which European patents are granted...
and Japan
Japan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
. Reexaminations are available in the U.S. In the US, a company may also bring a lawsuit in Federal Court to have the patent declared invalid.