Object technology is patent-clear, if it is not subject to patents for inventions, utility models or industrial designs granted Patent Offices and in force in that country. In addition, objects should not violate the registered trademarks and trade names. Since patents are territorial effect, and the term their action is limited, respectively, proprietary is a relative term. Object with a purity of patent in respect of a number of countries where it is subject to patent it, however, may have infringement in respect of all other countries where such patents do not. The same object over time, will have a purity of patent and in respect of countries where the invalid (due to the expiration or other reasons), patents, under which it fell before. Examination for infringement differs significantly from other types of searches, particularly of information retrieval, the main purpose of which – determine whether the technical solution conditions of patentability. Examination of technical objects in the infringement includes the following steps: – determination of the countries for which should be check – to study the characteristics of patent laws of countries which are used to test, test, analysis of the object and the selection of technical solutions, and artistic design decisions, and other elements be checked for infringement – definition of classification places for the selection of technical solutions and dr.elementov to be checked – search and selection of patents and other documents of title exclusive right related to the selected elements of the object to be tested – a preliminary analysis of selected documents, the selection of those that require detailed investigation and determination of their reality – a detailed Analysis of selected existing documents of title by examining the claims (claim settlements) and the findings – to determine the conditions smooth implementation of the object technology in the country, taking into account checks examination results on non-infringement. Thus, the examination for patent clearance is much more complicated and requires more skill than all other types of patent examination. Date search takes 3 weeks. In many ways it depends on the number of countries, the presence of functional elements, ie nodes, blocks, parts of the device performing a specific function in it, or methods of operation mode, components ingredients or substances, as well as the number of selected security documents requiring analysis, the need for translation, etc.
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