Patent searches in patent databases
Overview of the state of the art
Conducting a patent search is very important, especially in the preparation and planning phase when developing an invention.
The first step is to systematically check whether the invention is basically patentable and whether it is already protected by an existing patent.
In order to apply for a patent, it must be possible to rule out the possibility that an identical or similar invention has already been patented.
A patent search is therefore used to check whether similar patents exist with competitors. This also ensures that a possible infringement of property rights can be prevented.
Databases for patent searches
Information on patents and utility models published worldwide can be accessed free of charge in the international full-text databases of the DPMA (Depatisnet - particularly suitable for regular IP right examinations as part of patent monitoring, search only with German terms), the EPO (Espacenet - particularly suitable for European patent searches, search possible in several languages) and the WIPO (Patentscope).
A search can be carried out independently, outsourced to search institutes or carried out in collaboration with patent attorneys.
Based on the results of a qualified search, an assessment can be made as to whether it makes sense to initiate protective measures such as a patent application or utility model application.
The more detailed and precise the invention description is formulated for the patent search, the more accurately the results can be filtered and evaluated in the databases.
Patent searches for further market observations
Conducting a patent search even after the patent application has been filed or in connection with any further developments of the invention can be an interesting approach if the aim is to monitor the market, potential licensees and the technical progress of competitors.
If, for example, you discover during the search that your own patent is being infringed, you can file an opposition against third-party patent applications.
Regarding Justus Kreuels:
Justus Kreuels, German and European Patent Attorney, studied mechanical engineering at the TU Munich and the RWTH Aachen. A main focus of his practice is the enforcement of intellectual property rights in the field of mobile communication, Internet of Things (IoT), robotics, etc. in Germany.