Knowledge is a fundamental tool in building competitive advantage and the foundation of sound business decisions. Could there be a better source of it than databases that document the latest inventive solutions? Regardless of the answer to this question, sometimes the bigger problem is skillfully reaching for it and using it when taking business steps.

In 2015 alone, over 2.9 million patent applications were filed worldwide. Patent offices around the world are required by convention to publish registered applications, and the basic requirement for a patent is its “novelty”. With this in mind, most solutions significant for technological progress are first disclosed in published applications. Patent databases contain tens of millions of patent documents, and each is a legal instrument granting rights and privileges to their owners. In addition to a complete technical description of the invention, a patent allows for the identification of the legal status, determination of contact details of applicants, persons or organizations filing or possessing it. This information can be of great business importance. Its widespread availability makes it knowledge at your fingertips. However, the number of documents can be a real problem in effectively obtaining and using the most valuable ones.

Despite the large number of publications, which is also constantly growing very quickly, patent research allows for concentrated verification of a specific branch of technology.

With such a wide range of information, they are a dedicated tool for entrepreneurs when analysing patent databases. They are a valuable element of the industrial property management strategy in companies and allow for a measurable assessment of the commercial potential of business ventures, also providing the possibility of ongoing monitoring of competitors’ activities. Due to the type of analysis, they can be divided into:

Research on the state of the art

Research focused on a specific industry sector enables analyses that are important for tracking technological development, finding market niches, mergers, acquisitions or new business paths. It also enables establishing new business contacts with the authors of the solution or owners of the rights. The latest reports are often the first to show what direction market competition is taking, helping to construct a business strategy. They enable taking preventive measures against unfair competition. And often new technological solutions become the foundation for further inventive steps, inspiring the creation of independent patents. Apart from research focused on competitive entities or investment analyses, they are often used in research and development work conducted by research and development institutes and centers, as well as innovative companies, helping to set the direction of research and development.

Patentability examination

The study aims to assess the “novelty” and “inventive step” of the tested solution in the light of the patent literature of the selected branch of technology. It is used to minimize the risk of the Patent Office refusing to grant a patent, and thus the financial loss associated with the cost of filing. It also allows for the assessment of the commercialization potential of the solution.

Patent purity test

This is the most extensive study used to determine whether introducing a product to a given market or industrial application of technology will not expose the user or seller to liability due to infringement of exclusive rights granted to third parties. The analysis extends to patent literature, databases of scientific publications, and additionally to Internet sources of information. It is the most complete tool for assessing business success, which is why it should be used not only by those interested in introducing a new product to the market, but also by potential investors to verify business risk. It allows for assessing the chance of obtaining patent protection for the solution. It is often a scored element of the process of applying for funding, often indicated as desirable or required, e.g. by NCBR (National Center for Research and Development).

Study of the scope of protection

The scope of protection of the granted right determines which features of a given invention are covered by patent protection. Knowledge of it allows to avoid infringement of someone else’s patent, to determine the direction in which the product can develop. Based on the study, actions can be taken to eliminate the advantage of the competition.

Examination of the legal status of a patent

It is used to verify the validity of the right in a given territory, persons entitled to the patent also as a result of granted licenses. These studies provide basic information necessary for business negotiations.

The above article aims to present various forms of research and the benefits they bring. However, the complexity of the problem often requires combining or individualizing the form of research. As a patent office, we are able to adjust the offer to your needs based on the presented problem.